Legal Research

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Antitrust
Thursday, February 26, 2009
By Elai Katz

 "Elai Katz, a partner at Cahill Gordon & Reindel, reviews recent developments of interest, including a district court's ruling that information exchanged between insurance companies during merger negotiations and the parties' conduct before they merged did not restrain trade in violation of the Sherman Act, the Second Circuit's decision that an arbitration clause precluding the pursuit of antitrust claims as a class was unenforceable and the Ninth Circuit's dismissal of claims that a social networking monopolized the market by not allowing links to a rival Web site."

Free With Registration: Commercial Division Update
Thursday, February 26, 2009
By George Bundy Smith and Thomas J. Hall

"George Bundy Smith, a former Court of Appeals judge, and Thomas J. Hall, partners with Chadbourne & Parke, write that the broad language of CPLR §3213 allows proceedings thereunder to be brought in cases that do not neatly fit the 'prototypical' action on a negotiable instrument. Courts are careful, they conclude, to balance the plaintiff's entitlement to this accelerated procedure to avoid protracted litigation, with the defendant's right to have viable defenses heard."

OUTSIDE COUNSEL:

New Regulations Change Face of Federal Family Leave Act
Thursday, February 26, 2009
By Geoffrey Mort

 "Geoffrey Mort, of counsel to Kraus & Zuchlewski, reviews some of the more significant changes to the FMLA that allow leave for family of members of the Reserves or National Guard that are called to active duty, that redefine "serious health condition" which entitles a worker to FMLA leave, that alter the substitution of paid leave rule, which may make it impossible for some workers to take leave at all, and that change the notice period and procedures for both employers and employees."

CORPORATE UPDATE:

Bankruptcy Judges May Be Enlisted To Combat Soaring Home Foreclosures
Thursday, February 26, 2009
By Marcia Coyle

"Congress and the president have been immersed in attempts to solve the economic and housing crisis. Will judges soon take their turn? President Barack Obama's recent proposal to address the rising tide of home foreclosures calls for legislation to allow bankruptcy judges under Chapter 13 of the bankruptcy code to modify the terms of home mortgages when families run out of other options. And the House of Representatives is scheduled to vote today on a bill that would do just that. "