Legal Research

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Trial Practice
Tuesday, May 26, 2009
By Robert S. Kelner and Gail S. Kelner

"Robert S. Kelner, the senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write: It is the time of year for exuberant graduation parties, backyard barbecues and summer festivities. Unfortunately, these joyous occasions often provide a venue for our youth to celebrate the season with impermissible libations, which can lead to both injury to innocent victims and liability for the host who either furnished the alcohol or knowingly allowed the consumption of it."

Municipal Law
Tuesday, May 26, 2009
By Jeffrey D. Friedlander

 "Jeffrey D. Friedlander, first assistant corporation counsel of the City of New York, reviews some notable recent cases across the country in which the Law Department submitted amicus briefs that have presented New York City's perspective in litigation involving diverse areas such as eminent domain, evidence, environmental law, the First Amendment, and criminal law."

OUTSIDE COUNSEL:

Wage Recovery for Illegal Aliens In New York Under the Labor Law
Tuesday, May 26, 2009
By Andrea M. Alonso and Kevin G. Faley

"Andrea M. Alonso and Kevin G. Faley, partners at Morris Duffy Alonso & Faley, write that while the Federal Immigration Reform and Control Act was intended to curtail illegal immigration and the employment of illegal aliens, it remained undecided whether it should preempt the Labor Law and, ultimately, bar an illegal alien from receiving lost wages for injuries sustained on the job. With the question of illegal immigration unresolved on the national scale, the New York courts appear to have carved out their own rule."

SPECIAL REPORTS:

Free: Labor & Employment
Tuesday, May 26, 2009
" In this Special Section from the New York Law Journal, brought to you free by Tinari Economics Group: 'Avoiding Cat's Paw Liability,' 'Are Employees' Personal E-Mail Accounts Off Limits?' and 'Workplace Restructurings: Managing the Pain.' "

Also, in the highlighted article from this section,

Free: Broad Whistleblower Protection Under The Federal Stimulus Law
"Jyotin Hamid and Mary Beth Hogan, partners at Debevoise & Plimpton, write that, because of the broad scope of §1553, employers receiving stimulus funds, as well as those providing goods and services to recipients, should be mindful of their obligations under the statute."

TECHNOLOGY TODAY:

Southern District Judge Rejects Ninth Circuit Decency Act Ruling
Tuesday, May 26, 2009
By Stephen M. Kramarsky

 Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that there are a host 'borderline' actions that might or might not 'pertain to intellectual property' under state law. In the absence of some clarification from Congress about the intended scope of the term 'intellectual property,' it seems likely that this area will continue to be a fertile ground for litigation, he says. "