Legal Research

Selected List of Articles From National Law Journal Daily Headlines May 5, 2008

By David Badertscher, PLL

Source: NLJ.com, May 5, 2008

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Empty homes spur cities' suits
"Cities now dealing with scores of abandoned, foreclosed homes have started suing banks and mortgage companies to recoup their costs, while other cities are hauling lenders before code enforcement boards and county courts to force them to maintain abandoned properties. The innovative legal tactics are designed to recoup the city's lost property taxes as well as any city services needed to clean up or deal with the foreclosed properties."

Inspectors general may get more power
"Congress is close to enacting the most significant boost in the independence of the cadre of government watchdogs ? federal inspectors general ? in three decades. But the lawmakers have retreated from a key change giving the U.S. Department of Justice's Office of Inspector General jurisdiction to investigate misconduct allegations against department attorneys, including its most senior officials."

Firms facing tougher loan terms
"Law firms needing extra capital from banks to weather the rough economy are finding that the times ? and the terms ? have changed. Many law firms are seeing a slowdown in work and a lengthening in their client payment cycle. At the same time, banks that provide lending to law firms to help cover their revenue gaps and fund bigger projects are implementing more onerous requirements for doling out credit."

SUPREME COURT  |  Hopes for 'as applied' challenges are illusory
"In two decisions this term, the U.S. Supreme Court rejected broad, facial attacks on statutes and held open the possibility of successful, more narrowly based, 'as applied' challenges. But that possibility is largely an illusion, say some court scholars and litigators. The practical effect of the Roberts Court's recent disdain for facial challenges ? and its preference for "as applied" ones ? will be to end litigation in those areas, they predict."

IN-HOUSE  |  Corporate officers' duties in flux
"A trio of recent Delaware bankruptcy and Court of Chancery decisions illuminate ? and possibly expand ? the fiduciary duties of corporate officers who are not also company directors. In addition to clarifying how officers might be liable for corporate wrongdoing, the decisions also beef up the sparse body of Delaware case law that specifically highlights the duties of officers, according to lawyers."

ETHICS  |  Lawyers using the Net to build cases draw fire
"Lawyers engaging in pretrial publicity on the Internet is a growing concern within the legal profession, as many fear that online rantings, blogs and press releases by attorneys are potentially tainting the jury pool. "Courts are going to have to be especially vigilant in making sure the juries are not tainted by such tactics," said Snell & Wilmer's Wayne Gross. 'The Internet increasingly provides lawyers with an inexpensive platform to widely disseminate prejudicial information.' "

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