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White-Collar Crime

Tuesday, June 2, 2009

By Robert G. Morvillo and Robert J. Anello

"Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write: Attorneys involved in criminal cases are constantly being called upon to give legal advice with respect to sensitive, complex and often ambiguous matters. Historically, attorneys have challenged established principals of law by forging new and creative arguments and sometimes advise clients how to avoid strictures of the law. Rarely has erroneous legal advice been criminalized without a finding that the attorney is knowingly and deliberately rendering advice which will further criminal conduct. Two recent cases starkly present the issue of whether and how legal advice can be prosecuted."

Medical Malpractice

Tuesday, June 2, 2009

By Thomas A. Moore and Matthew Gaier

"Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write: The statute of limitations regarding medical malpractice in this state is one of the most unjust in the country. The overwhelming majority of jurisdictions have a "discovery rule," which prevents the statute of limitations from expiring if patients do not have reason to know that they suffered injury as a result of malpractice. New York has no such rule. As a result, victims of malpractice often find that the statute of limitations has expired before they could ever have learned that there had been improper treatment, or that they suffered an injury"

OUTSIDE COUNSEL:

Tuesday, June 2, 2009

By David E. Bronston and Paul J. Proulx

"David E. Bronston, a member of Cozen O'Connor, and Paul J. Proulx, an associate at the firm, write: While seemingly everyone utilizes a wireless telephone in one way or another, the infrastructure necessary to support such services, like most types of infrastructure, is often subject to a "Not in My Backyard" reaction. In the case of wireless roof antenna installations, local reaction is most aptly described in the words used by Supreme Court Justice Alan D. Scheinkman, who, in a recent Westchester County decision. characterized the case before him as 'Not on My Roof' dispute."

TECHNOLOGY TODAY:

Counsel Must Take Active Role In Preserving, Retrieving ESI

Tuesday, June 2, 2009

By Mark A. Berman

"Mark A. Berman, a partner at Ganfer & Shore, reviews recent developments of interest, including a change to the Preliminary Conference Rule contained in the Uniform Rules of New York Trial Courts that specifically recognizes electronic discovery and a recent decision that addresses such issues as the need to timely issue a preservation notice, techniques in preserving electronically stored information, and the necessity for counsel to be actively involved in the preservation, retrieval and production of ESI."