Legal Research

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Mediation
Thursday, August 13, 2009
By Abby Tolchinsky and Ellie Wertheim

"Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that in order to participate in mediation effectively, a party must have a sense of his best alternative to a negotiated agreement as well as what the likely results are from various economic investments and efforts. However, today the future may seem particularly unknowable, and valuations may seem particularly hard to pinpoint with confidence and accuracy. If, for example, one is buying out a business partner, to what extent does it make sense to anticipate ongoing contraction of revenues? How can partners in good faith negotiation reliably determine the value of an ongoing entity when past performance may not be an accurate predictor of future profitability?"

New York Court of Appeals Roundup
Thursday, August 13, 2009
By Roy L. Reardon and Mary Elizabeth McGarry

"Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write: If a doctor performing an independent medical examination pursuant to CPLR 3121 inflicts injury in the process, may the injured person maintain an action for negligence? The answer is no, the injured person only has a cause of action for medical malpractice, the Court of Appeals ruled recently. We discuss that decision, as well as a decision involving the extent of an automobile seller's security interest in a vehicle when the owner files for bankruptcy, and a decision involving the New York City Department of Investigation's authority to investigate a person neither employed by nor doing work for the city for possible misconduct while appearing in a public forum."

OUTSIDE COUNSEL:

Nursing Homes: Separating Statutory Claims From Plain Old Negligence
Thursday, August 13, 2009
By Louis G. Adolfsen and Steven I. Lewbel

"Louis G. Adolfsen and Steven I. Lewbel, members of Melito & Adolfsen, write: Public Health Law §2801-d protects against violations of the rights or benefits of patients at residential health care facilities and allows recovery of damages based on "the daily per-patient rate" for the facility. Since a patient may also sue the nursing home for negligence or malpractice, there is a possibility that the claim under the PHL may prejudice the defense of these common law claims. Indeed, if the claims are presented to a jury in a manner that suggests that a violation of the PHL can be considered as part of the claim for damages for negligence, the jury may be confused."

CORPORATE UPDATE:

Free With Registration: In-House Counsel Face New Global Challenges
Thursday, August 13, 2009
By Susan F. Friedman

" Susan F. Friedman, a senior vice president at Marsh, writes: Although no new claim trends against in-house counsel have emerged in 2009, the atmosphere is polluted with an unemployment rate of 9.5 percent, liquidity crisis, congressional investigations, collapse of industry giants, massive frauds via Ponzi schemes, regulations to help the planet "go green," shrinking legal departments, pandemics, an explosion of online modes of communication, and new rules for a broad cross-section of industries."