Legal Research

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Free With Registration: Health Law
Tuesday, March 23, 2010
By Francis J. Serbaroli

" Francis J. Serbaroli, a shareholder in Greenberg Traurig, reviews two recent federal court decisions where the IRS successfully held board members and executives of non-profit hospitals personally liable for misuse of withholding taxes that should have been remitted to the government."

Contract Law
Tuesday, March 23, 2010
By Glen Banks

" Glen Banks, a partner at Fulbright & Jaworski, analyzes a recent Second Circuit ruling that considered custom and usage amongst the Wall Street community in the context of addressing whether contract language should be deemed ambiguous."

OUTSIDE COUNSEL:

Settling Claims in New York: Avoid a Trap for the Unwary
Tuesday, March 23, 2010
By John B. Berringer

" John B. Berringer, a partner at Reed Smith, writes: It is relatively common in many jurisdictions for a policyholder who has received a disclaimer of coverage from his insurance carrier to settle a liability claim with the underlying plaintiff for the policy limits and then assign his insurance rights to the plaintiff in exchange for a release. The plaintiff would then seek to recover against the absent insurance company, with the only issue being whether the insurance company's original denial of coverage was justified. In New York, however, it appears that this relatively common practice could result in the loss of insurance depending upon the manner in which the underlying claim is resolved."

TECHNOLOGY TODAY:

Cell Tracking: In Search of a Federal Standard
Tuesday, March 23, 2010
By Peter A. Crusco

" Peter A. Crusco, executive assistant district attorney in the investigations division of the Office of the Queens County District Attorney, writes: On the federal level, the applicable standard for government authorization of real-time prospective tracking of cellular phones remains unresolved. The majority of published federal courts have required that applications be founded on probable cause, the Fourth Amendment's warrant standard, while some courts have authorized cell tracking on a lesser showing."