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New York Law Journal Featured Columnists October 30, 2008

By David Badertscher, PLL

<font size="1"> <p><font size="2">If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.</font></p> <p><a href="http://www.nylj.com" target="_blank"><font size="2">http://www.nylj.com</font></a><font size="2"> </font></p> <p><font size="2">Subscription required for online access unless otherwise noted:</font></p> <p><a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUDSQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSR" target="_blank"><font size="2"><font color="red">Free With Registration:</font> Commercial Division Update</font></a><br/><font size="2">Thursday, October 30, 2008<br/>By George Bundy Smith and Thomas J. Hall<br/><br/>"George Bundy Smith, a partner with Chadbourne & Parke and a former associate judge on the New York Court of Appeals, and Thomas J. Hall, a partner at the firm, write that, not surprisingly, urgent weekend TRO applications can bring to the surface issues that are infrequently encountered. But, they also note that a new protocol protocol from Chief Administrative Judge Ann Pfau is a very positive step towards alleviating the difficulties counsel face in seeking emergency relief when the courthouse is closed, though pitfalls remain." </font></p><!--commentsListSize 0--><!-- October 30, 2008 --> <p><a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUDSQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSS" target="_blank"><font size="2">Contract Law</font></a><br/><font size="2">Thursday, October 30, 2008<br/>By Glen Banks<br/><br/>" Glen Banks, a partner at Fulbright & Jaworski, writes that although courts have developed a framework to be applied to determine whether or not a preliminary document will be deemed to have a binding effect, the law is not as well delineated concerning how a court will determine what that binding effect will be. The lack of clear guidelines is illustrated by a recent Second Circuit decision where the court considered whether a "confidential letter agreement" that set forth the terms of a 'presently contemplated' sale of stock constituted a binding agreement for the sale."</font></p> <p><font size="2">OUTSIDE COUNSEL:</font></p> <p><a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUDSQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVSB" target="_blank"><font size="2">New SEC Enforcement Manual: Better Late Than Never</font></a><br/><font size="2">Thursday, October 30, 2008<br/>By Amy Walsh<br/><br/>" Amy Walsh, a partner at Kostelanetz & Fink, writes that since its establishment in 1934, the policies and practices governing the Securities and Exchange Commission have existed under a shroud of mystery accessible only to those who previously worked at the SEC or to those who represented parties in front of the commission.But recently the SEC's Division of Enforcement issued a 122-page Enforcement Manual that addresses a multitude of subjects, ranging from waiver of the attorney-client privilege to the best practices for Bates stamping documents."</font></p> <p><font size="2">CORPORATE UPDATE:</font></p> <p><font size="2"> <a href="http://alm.rsys1.net/servlet/cc6?HtuYQSRUDSQSVKIHKLjlkxJhmjlkQklHlLQgPQmkVaVTS" target="_blank"><font color="red">Free With Registration:</font> Corporate Governance</a><br/>Thursday, October 30, 2008<br/>By David A. Katz and Laura A. McIntosh<br/><br/>"David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write that the 2008 proxy season, forecasted last winter to be a season of increased activism, now appears to have been the season in which shareholders began to put governance reform proposals back into perspective. One of the primary lessons to emerge is that effective company-shareholder communication does make a difference. This season saw the practical impact of effective and improved communication in reducing the number of proposals that were brought to a vote and the amount of support that proposals received."</font></p></font>

Full post as published by New York Supreme Court Criminal Term Library on October 30, 2008 (boomark / email).