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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal Featured Columnists August 5, 2008

By David Badertscher, PLL

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Medical Malpractice

Tuesday, August 5, 2008

By Thomas A. Moore and Matthew Gaier

"Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, review a case that may seem like a run-of-the-mill malpractice claim for failure to timely diagnose. However, defendants asserted that they could not be held liable because the plaintiff was a participant in a human research study regarding modes of diagnosis and therefore, the defendents asserted, there was no physician-patient relationship."

White-Collar Crime

By Robert G. Morvillo and Robert J. Anello

"Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that to increase the odds of preserving corporate clients' confidences and secrets, attorneys representing multinational clients or involved in multijurisdictional investigations need to be alert to some basic rules that courts are likely to employ in such situations when analyzing assertions of attorney-client privilege."

Tax Certiorari And Condemnation

Tuesday, August 5, 2008

By William D. Siegel and Saul R. Fenchel

"William D. Siegel and Saul R. Fenchel, members of Siegel Fenchel & Peddy and of counsel to Koeppel Martone & Leistman, review the preliminary report issued last month by the New York State Commission on Property Tax Relief, which found that the problem with the property tax is clearly that local government, especially school districts, spend too much money and that a cap on school tax increases should be imposed."

OUTSIDE COUNSEL:

Keeping Your Arbitration Agreements Enforceable

Tuesday, August 5, 2008

By Craig R. Tractenberg

"Craig R. Tractenberg, a partner at Nixon Peabody, writes that arbitration clauses do often provide speedier, less expensive and more predictable results than litigation, but overly aggressive drafting leads to unnecessary criticism to this time tested alternative to litigation. As various locales treat the clauses differently, nationwide drafting of such clauses requires awareness and sensitivity to the judicial and regulatory environment, as well as a modicum of restraint."

Technology Today

FOIL's Scope of the Privacy Exception

Tuesday, August 5, 2008

By David Bender

"David Bender, a solo practitioner in Dobbs Ferry, reviews the Court of Appeals decision in Data Tree v. Romaine, which clearly signaled that where the state raises the privacy exemption in the Freedom of Information Law, the burden is on the state to show that the exemption applies. The Court also clearly stated that, except as otherwise provided by statute, the requestor's motives are irrelevant."

 

 

Full post as published by New York Supreme Court Criminal Term Library on August 05, 2008 (boomark / email).

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