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New York Law Journal: Featured Columnists July 13, 2009

By David Badertscher, PLL

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Products Liability

Monday, July 13, 2009

By Michael Hoenig 

"Michael Hoenig, a member of Herz­feld & Rubin, writes that given the courts' renewed focus on probing experts for genuine reliability - whether it is of the Frye and Parker variety in state courts or the Daubert kind in federal courts - perhaps it also is time for a reinvigorated, more heightened focus by New York judges on an expert's qualifications. An Appellate Division, First Department, decision virtually hot off the presses illustrates how the quest for reliability is linked to qualifications."

Trusts and Estates Update

Monday, July 13, 2009

By Ilene Sherwyn Cooper

"Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes: While the spring and summer months have seen a multitude of decisions from the Surrogate's Courts relevant to trusts and estates, the Supreme and Appellate courts have also rendered opinions of interest to practitioners in the field. This month's article will examine those opinions addressed to such issues as the attorney-client relationship, discovery, and settlement agreements"

OUTSIDE COUNSEL:

First Department Decisions in Conflict Over 'Other Insurance' Provisions

Monday, July 13, 2009

By Jon D. Lichtenstein

"Jon D. Lichtenstein, a partner at Gordon & Silber, write that in Sport Rock Intern. Inc. v. American Cas. Co. of Reading, Pa. the First Department broadly addressed the appropriate allocation of defense costs between two primary liability insurance policies, where one policy's 'other insurance' clause made it excess to the other. The majority consciously highlighted its conflict with another First Department decision that was recently decided, revealing some considerable friction among the judges, but nevertheless provided some clarity to insurance carriers and their counsel who wish to give effect to the 'other insurance' provisions in their policies."

SPECIAL REPORTS AND MAGAZINES:

White-Collar Crime

Monday, July 13, 2009

"In this Special Section from the New York Law Journal: 'The 'Upjohn' Pitfalls of Internal Investigations,' 'Target Health Care Fraud' and 'Walking the Privilege Line.' "

Also, in the highlighted article from this section,

Free With Registration: Self-Detection: So Key, So Difficult

"Laura A. Brevetti, a partner at K&L Gates, writes: When it comes to white-collar crime, popular opinion today is to view American corporations solely as perpetrators. However, this public ire ignores the documented reality that corporations and institutions are just as likely to be the victims of internal fraud and financial crimes, suffering direct losses in the hundreds of billions of dollars. Rather than act as sitting ducks hoping to be unaffected, corporations and institutions must remain vigilant in their efforts to detect fraud and other criminal violations and respond immediately upon detection to mitigate the harm."

Full post as published by New York Supreme Court Criminal Term Library on July 13, 2009 (boomark / email).