Legal Research

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Free: How We Operate: An Inside Look at the Appellate Division, First Department
Wednesday, May 13, 2009
By David B. Saxe

" Justice David B. Saxe understands that the appellate process in the Appellate Division, First Department, can be opaque and confusing to lawyers appearing before if for the first time and that even seasoned appellate practitioners have only a limited understanding of the internal workings of the court. So, in an effort to make these mysterious ways more transparent, the judge offers the following commentary on the practices of the court."

Law and Children
Wednesday, May 13, 2009
By Andrew Schepard

 "Andrew Schepard, professor of law and director of the Center for Children, Families and the Law at Hofstra University School of Law, writes: California's choice to make mediation the focal point of child custody dispute resolution has profoundly influenced the divorce and custody policy of virtually every state - but not New York. New York judges are not, for example, authorized to order parents to mediation. We have no statutory guarantee of confidentiality for mediation communications. We do have some pilot programs for child custody dispute resolution and many New York parents are also referred to community mediation centers, but overall, we rely on a primarily adversarial, court determination-based method of dispute resolution."

Free With Registration: International Banking
Wednesday, May 13, 2009
By Kathleen A. Scott

 "Kathleen A. Scott, counsel in the financial institutions group at Arnold & Porter, writes: As most readers are aware, much has been written lately about systemic risk due to the current economic situation. But the H1N1 Flu outbreak poses a systemic risk of another sort. While increasingly electronic, the world's monetary system, such as in the area of international payments, still needs people to run it. And, if those people are sidelined by their own illness or that of their family, or cannot get to work because the government has shut down businesses or roads or ordered a quarantine, a collateral consequence could be the disruption of the international payment system, which could make an already fragile global economy even more precarious, and leading to a systemic risk different than those currently being discussed, but just as relevant and capable of having a real impact on the banking system. "

OUTSIDE COUNSEL:

Matrimonial Depositions: Amid Change, Stipulations Stay the Same
Wednesday, May 13, 2009
By Robert Z. Dobrish and Dalit A. Yarden

"Robert Z. Dobrish, a member of Dobrish Zeif Gross, and Dalit A. Yarden, a former associate with that firm, now with Moses Preston & Ziegelman, write that matrimonial cases in the First and Second departments are unique, since the rules relating to discovery in these departments differ from the rules in other departments - and, in general, from the rest of the United States."

REAL ESTATE TRENDS:

Construction Law
Wednesday, May 13, 2009
By Kenneth M. Block

" Kenneth M. Block, a partner at Tannenbaum Helpern Syracuse & Hirschtritt, writes: The current economic crisis has resulted in the suspension or abandonment of many incomplete construction projects, leaving in their wake competing lien claims between lenders and contractors. The resolution of these claims is generally a function of the lenders' strict compliance with the Lien Law which, when properly followed should give the upper hand to the lender. "