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New York Law Journal Featured Columnists March 3, 2009

By David Badertscher, PLL

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Free With Registration: White-Collar Crime
Tuesday, March 3, 2009
By Elkan Abramowitz and Barry A. Bohrer

"Elkan Abramowitz and Barry A. Bohrer, members of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, review criminal legislation proposed in response to the economic crisis that broadens the Commodity Futures Trading Commission's regulation of over-the-counter commodity transactions and expands the agency's reach to international exchanges, expands the current criminal prohibitions against public corruption and bribery of a public official, amends the major fraud statute to protect funds expended under TARP and the economic stimulus package and authorizes funding to hire fraud prosecutors and investigators at the DOJ, FBI and other law enforcement agencies."

Insurance Fraud
Tuesday, March 3, 2009
By Evan H. Krinick

 "Evan H. Krinick, a partner at Rivkin Radler, writes: Mortgage fraud affects consumers, financial institutions, insurance carriers and the economy as a whole. When responding to mortgage fraud, lenders and insurers must act within the constraints imposed by applicable rules. The standards relating to insurable interest ultimately may determine, in many instances, which entity bears the loss resulting, in one way or another, from mortgage fraud."

OUTSIDE COUNSEL:

Eight Steps Companies Can Take To Prevent Whistleblower Liability
Tuesday, March 3, 2009
By John L. Sinatra Jr.

" John L. Sinatra Jr., a partner at Hodgson Russ, writes: There is no easier way for a company to turn a small gain into a multi-dimensional catastrophic loss than by violating the False Claims Act. First, damages are typically trebled before any possible offsets are applied, then civil penalties are added. Add in defense costs, judgments, and settlements; the stigma facing the company in the marketplace; and the trouble retaining sales and employees, and a pending whistleblower case from the Justice Department can be a company's worst fear. So what is a company to do? "

TECHNOLOGY TODAY:

Internet Issues
Tuesday, March 3, 2009
By Shari Claire Lewis

" Shari Claire Lewis, a partner at Rivkin Radler, writes that the dot.com meltdown of a decade ago led to many questions and court disputes about the valuation of and creditors' ability to take control of so-called 'Internet assets' - from domain names, Web sites and e-mail lists to intellectual property such as trademarks, patents, copyrights and other assets. Unfortunately, the state of the current economy makes it important to look at these issues once again."

Full post as published by New York Supreme Court Criminal Term Library on March 03, 2009 (boomark / email).