Legal Research

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Civil Rights and Civil Liberties
Monday, December 21, 2009
By Christopher Dunn

"Christopher Dunn, the associate legal director of the New York Civil Liberties Union, writes: On the one hand, extreme political positions have led to violence. On the other hand, our society is full of extreme political rhetoric, and the Internet has vastly expanded the ability of people to convey this speech to huge audiences. Our challenge is to resist the pressure to mistake the rhetoric for the violence."

Tax Tips
Monday, December 21, 2009
By Sidney Kess

 "Sidney Kess, a CPA-attorney, writes that the tax law contains numerous tax breaks that individuals can take advantage of to expand their knowledge and improve their work prospects. In today's economy, he says, when some are struggling to pay for a child's education or are pursuing courses that will lead to a new or better job position, it is important to understand which breaks can apply . . . and which may not."

OUTSIDE COUNSEL:

 Determining Valuation In Loss of Chance Cases
Monday, December 21, 2009
By Andrew S. Kaufman

 "Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that New York has been progressive in adopting the loss of chance rather than an all or nothing approach to causation, but in doing so has not consistently and appropriately recognized the concomitant concept of valuation of injury. Its jury instructions, verdict sheet and appellate decisions, he says, have not appropriately incorporated valuation concepts into the charge and verdict sheet."

SPECIAL REPORTS:

Corporate Restructuring and Bankruptcy
Monday, December 14, 2009
 "This Special Section from the New York Law Journal addresses the collective action doctrine in a debate package that features 'For: A Consensual Solution For the Greater Good' and 'Against: A Violation of New York Law and Good Policy,' while another article discusses how Lehman and its former trading partners are creating precedent that may change the way future derivative contracts are negotiated and the way other investments are structured".

Also, in the highlighted article from this section,

Free With Registration: Chapter 11 Credit Bidding Called Into Question
"Shmuel Vasser, a partner at Dechert, and Nicole Duva, an associate at the firm, discuss the recent decision from the Eastern District of Pennsylvania in the Philadelphia Newspapers matter, where the court held that when the sale of the collateral is conducted pursuant to a Chapter 11 plan, the secured lender may not be entitled to credit bid its secured debt. In the current economic environment, the authors write, where credit is tight and many bankruptcy cases are filed in order to consummate sales to the debtors' secured creditors, either via a stand alone sale or a sale under a plan, the significance of this holding cannot be overstated."