Legal Research

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Labor Relations
Friday, April 3, 2009
By John P. Furfaro and Risa M. Salins

"John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, an associate at the firm, write that the debate over the Employee Free Choice Act's card check provision has been heated. Opponents contend that, in contrast to secret ballot elections, authorization cards will reflect peer pressure more than an employee's actual wishes with respect to union representation and a card drive is typically concluded before an employer has the opportunity to present its side, while supporters argue that employers would have ample opportunity to present their positions and that they usually use that time to be coercive rather than informative."

Communications and Media Law
Friday, April 3, 2009
By James C. Goodale

" James C. Goodale, former vice chairman of The New York Times and producer/host of the television program "Digital Age," writes that artist Shepard Fairey maintains that his use of an Associated Press photo without permission in a famous Barack Obama campaign poster was 'fair.' Through his creative talent he made the photo into something else - a political statement. Mannie Garcia, the photographer who took the original photo, can make a similar point, his photo is a creative work too. He can claim Mr. Fairey has stolen his creativity. A court that decides this case is caught in a difficult position. It has to make an artistic judgment which it may not be qualified to do."

OUTSIDE COUNSEL:

Exploring a System With a Single Set Of Business Conduct Standards
Friday, April 3, 2009
By Evan Charkes

" Evan Charkes, a managing director and a deputy general counsel of Citigroup, writes that Over the next several years, the U.S. government is going to restructure the regulatory system that oversees financial institutions with the stated goal of identifying and managing the systemic risk inherent in the activities of these institutions. Since the March 2008 issuance of the U.S. Department of Treasury 'blueprint' for regulatory reform, he says, there has been a call for an overall systemic risk regulator who will supervise all systemically-important financial institutions, including banks, broker dealers, insurance companies, investment advisors, hedge funds, and private equity funds. "