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New York Law Journal: Featured Columnists July 1, 2009

By David Badertscher, PLL

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Security Finding Required Before Use Of Stun Belt at Trial

"A judge must put a finding of specific security concerns on the record when ordering a defendant to wear a "stun belt" in court, even though the restraining device is not visible to the jury, the state Court of Appeals ruled yesterday. Judges also gave Attorney General Andrew M. Cuomo a victory in his office's investigation of the "life settlement" providers and brokers who deal in the purchases of life insurance policies from living people for investment purposes. And they ruled invalid a New York City police officer's inventory search of a vehicle that included a look through the contents of the car's trunk."

Cooperatives and Condominiums

Wednesday, July 1, 2009

By Richard Siegler and Eva Talel

"Richard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel is a partner at the firm and an adjunct professor at Cardozo Law School, describe several challenges posed by the revised New York Rules of Professional Conduct related to co-ops and condominiums, review relevant provisions of the New Rules and the Old Code, and provide guidance to boards and their managers for retaining legal counsel."

Corporate Insurance Law

Wednesday, July 1, 2009

By Howard B. Epstein and Theodore A. Keyes

"Howard B. Epstein, a partner at Schulte Roth & Zabel, and Theodore A. Keyes, special counsel at the firm, write: In Continental Casualty Co. v. Employers Ins. Co. of Wausau, the Appellate Division, First Department issued an uncommon decision upholding the insurance carriers' laches defense and finding that coverage was barred due to prejudice caused by the insured's delay in asserting a new coverage theory."

Free With Registration: Rent Regulation

Wednesday, July 1, 2009

By Warren A. Estis and Jeffrey Turkel

"Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write: One of the primary features of the Rent Stabilization Law ? at least for owners ? is the rent increase awarded for an Individual Apartment Improvement. IAIs relate to new equipment and improvements that an owner, usually upon vacancy, adds to an apartment, such as new kitchen cabinets, a new stove or refrigerator, or a complete bathroom renovation. In contrast, Major Capital Improvements concern the installation of new building systems, such as a new elevator, roof or boiler."

OUTSIDE COUNSEL:

he Ex Post Facto Clause In the Post-'Booker' World

Subscription RequiredWednesday, July 1, 2009

By Charles Clayman and Harlan Protass

"Charles Clayman, a partner at Clayman & Rosenberg, and Harlan Protass, an attorney and adjunct professor at Benjamin N. Cardozo School of Law, write that until the "appropriate case" presents itself, district courts in the Second Circuit should continue to use the Guidelines manual in effect on the date an offense is committed if use of the Guidelines manual operational at the time of sentencing triggers an ex post facto violation."

 

Full post as published by New York Supreme Court Criminal Term Library on July 01, 2009 (boomark / email).