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New York Law Journal Featured Columnists July 17, 2008

By David Badertscher, PLL

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Thursday, July 17, 2008
By A. Michael Weber

 "A. Michael Weber, a senior partner at Littler Mendelson, writes that with the uncertainty regarding the enforceability of arbitration agreements resolved by the Supreme Court, the next generation of arbitration agreement programs is set to emerge. Before implementing such a program, however, employers are encouraged to consider both the advantages and disadvantages of mandatory arbitration carefully. Also in this issue of GC New York, "'he Unhappy Buyer' and 'Beyond Piecemeal.' "

Securities Class Action Litigation
Thursday, July 17, 2008
By Samuel H. Rudman

" Samuel H. Rudman, a partner at Coughlin Stoia Geller Rudman & Robbins, writes that it has been a year since the Fifth Circuit's decision in Oscar Private Equity Investments v. Allegiance Telecom Inc. imposed new barriers to class certification for securities fraud cases filed in the Fifth Circuit; however, to date, no other circuit court has followed its lead. The reason is twofold. First, Oscar's holding is in direct conflict with controlling Supreme Court precedent. Second, by creating new certification requirements, the Fifth Circuit has inappropriately placed the burden on plaintiffs to prove the merits of their case prior to trial".

Tax Litigation Issues
Thursday, July 17, 2008
By John J. Tigue Jr. and Jeremy H. Temkin

"John J. Tigue Jr. and Jeremy H. Temkin, principals in Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that for years, the IRS has periodically declared its "increased" focus on abusive tax schemes and overseas tax shelters. In furtherance of these efforts, the IRS has offered initiatives to encourage self-reporting by taxpayers, relied on information obtained pursuant to U.S. law to ferret out possible wrongdoing through use of overseas tax havens, and sought information from financial institutions that execute overseas transactions for their clients."

OUTSIDE COUNSEL:

Proffer Agreements: To Execute or Not to Execute?
Thursday, July 17, 2008
By Steven Glaser

"Steven Glaser, a partner at Skadden, Arps, Slate, Meagher & Flom, asks: In the absence of a proffer agreement, can counsel later prevent the government from offering the statements made during the session on the grounds that they are covered by Rule 410? " 

CORPORATE UPDATE:

Corporate Securities
Thursday, July 17, 2008
By John C. Coffee, Jr.

 "John C. Coffee, Jr., the Adolf A. Berle professor of law at Columbia University Law School and director of its Center on Corporate Governance, writes that fairer, quicker elections are held in Zimbabwe. The bitter CSX proxy fight, which was scheduled to have been resolved at CSX's June 25 shareholders' meeting, he reports, may finally reach a definitive outcome on July 25, when that shareholders' meeting is reconvened. Then again, it may not."

TECHNOLOGY TODAY:

N.Y. Court Tests Reach of N.J. Computer Fraud Law
Tuesday, July 15, 2008
By Stephen M. Kramarsky

 "Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that one way for employers to avoid keeping their documents out of the hands of competitors is to assert statutory claims arising from the unauthorized access to the computer system. Although there is a federal law providing civil penalties and injunctive relief for unauthorized computer access there is not a specific analogous New York state statute. There is, however, an analogous New Jersey statute, and recently a New York court considered its extraterritorial application in New York cases. " 

Full post as published by New York Supreme Court Criminal Term Library on July 17, 2008 (boomark / email).