Legal Research

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Arbitration
Friday, May 1, 2009
By Samuel Estreicher and Steven C. Bennett

"Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write that the U.S. Supreme Court held that a federal court must "look through" a petition to compel arbitration under Section 4 of the Federal Arbitration Act2 to determine whether the court would have federal question jurisdiction over the underlying controversy. The Court also held, they say, that, for a federal court to have jurisdiction, the initial complaint, not any anticipation of a federal defense or a federal counterclaim, must establish a basis for federal jurisdiction."

Insurance Fraud
Friday, May 1, 2009
By Evan H. Krinick

" Evan H. Krinick, a partner with Rivkin Radler, writes: The payment or rejection of claims is a part of the regular business of insurance companies. Toward that end, carriers rely on a wide variety of processes and individuals to determine whether claims should be paid or denied, or whether particular claims are fraudulent. In many instances, an insurer will exercise its right under an insurance policy to have its attorneys conduct an examination under oath (EUO) of an insured. An issue that commonly arises is whether a report, letter, or other documents prepared by counsel following an EUO are discoverable by the insured in the event the claim is denied and litigation ensues."

OUTSIDE COUNSEL:

Multiple Issues In Corporate Raiding of Employees
Friday, May 1, 2009
By Wendi S. Lazar

"Wendi S. Lazar, a partner at Outten & Golden, writes: Poaching a coveted employee or raiding a team is bound to leave behind an angry employer who wants revenge. The hardest job for employee-side counsel is to keep the client from becoming a defendant in a lawsuit against both the employee and the new employer. Counseling employees on terms and conditions to be negotiated with the new employer before departure will protect them from economic loss and protracted and costly litigation. "

SPECIAL REPORTS:

Free: Law Day
Friday, May 1, 2009
"In this free Special Section from the New York Law Journal, leaders of the bench and bar reflect on the legacy of Lincoln and his championing of liberty, his belief in the common good, and his lifelong commitment to equality."

Also, in the highlighted article from this section,

Staying True to Lincoln's Commitment to Equality
"Jonathan Lippman, Chief Judge of the State of New York, writes: For this 51st annual celebration of Law Day in the United States, the American Bar Association has selected an excellent but challenging theme: 'A Legacy of Liberty: Celebrating Lincoln's Bicentennial.' Thousands of books and millions of Web pages have been published about Lincoln, who is widely believed to be our nation's greatest president, and many focus on his words in speeches and his many writings. All of that is both a blessing and a curse. To select a theme or quotation for Law Day, we have such a wealth of material that choosing is difficult. I have happily settled on Lincoln's lifelong commitment to equality."