Legal Research

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New York Court of Appeals Roundup
Wednesday, March 17, 2010
By Roy L. Reardon and Mary Elizabeth McGarry

Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, review recent decisions of interest, including the court's holding on judicial salaries, a ruling that New York law governs the parental rights of a father who adopted a child in Cambodia because both parent and child now reside in the state, and a decision holding that intangible property, such as the ownership interests in out-of-state businesses at issue, follows the owner, and thus may be garnished by in-state service of a garnishment order upon owner/debtor, regardless of where he resides."

Arbitration
Wednesday, March 17, 2010
By Samuel Estreicher and Steven C. Bennett

"Samuel Estreicher, Dwight D. Opperman Professor at New York University School of Law and of counsel to Jones Day, and Steven C. Bennett, a partner at the firm, write that although the Supreme Court has somewhat retreated from the "manifest disregard" of law as grounds for vacatur of an arbitration award, many courts are apparently reluctant to accept its demise."

OUTSIDE COUNSEL:

Military Tribunals Versus Civilian Trials During War and Peace
Wednesday, March 17, 2010
By Jay Goldberg

" Jay Goldberg, an attorney in New York City, writes that historical precedent demonstrates that in certain circumstances, trial in military courts is legally correct whether the civilian courts were open or not, and military trials have not damaged this country's values and global image. Given the complications that occur in a civilian trial, its likely length, and Kalid Shaikh Mohammed's heinous crimes, his case should be tried before a military commission. "

REAL ESTATE TRENDS:

The Pitfalls of Drafting Preliminary Loan Documents
Wednesday, March 17, 2010
By Jeffrey B. Steiner and Zachary Samton

"Jeffrey B. Steiner, a member of DLA Piper LLP (US), and Zachary Samton, counsel at the firm, write: As the frozen credit environment slowly begins to thaw, thoughts in the real estate finance world turn to newly issued loan commitments and term sheets. Since many potentially active mortgage lenders have not issued a commitment letter or term sheet for several years or are newly formed companies founded since the inception of the credit crisis, counsel representing such lenders should be mindful of certain pitfalls associated with such preliminary documentation, including the potentially binding nature thereof."