Legal Research

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Professional Liability
Tuesday, June 9, 2009
By Norman B. Arnoff and Sue C. Jacobs

"Norman B. Arnoff, who practices law in New York City, and Sue C. Jacobs, a member of Goodman & Jacobs, write that if a court finds an attorney has misrepresented their firm's claims history, the insurer may be permitted to disclaim coverage for an incident that has ripened into a lawsuit or even rescind the policy."

Appellate Division Review
Tuesday, June 9, 2009
By E. Leo Milonas and Frederick A. Brodie

"E. Leo Milonas and Frederick A. Brodie, partners at Pillsbury Winthrop Shaw Pittman, review recent cases of interest involving loss of sepulcher, employment discrimination and out-of-state employees, hate crimes against property, a fee-splitting provision in an arbitration agreement, double jeopardy, Kendra's Law and the appointment of a money manager for a mentally ill person, the expansion of the doctrine of primary assumption of risk, gun possession and more."

OUTSIDE COUNSEL:

Free With Registration: To Proffer or Not to Proffer? That Is the Question
Tuesday, June 9, 2009
By Richard M. Strassberg and Yvonne M. Cristovici

"Richard M. Strassberg and Yvonne M. Cristovici, partners at Goodwin Procter, write: From the defense lawyer's perspective, client proffers are fraught with peril; a statement by the client made innocently, but inaccurately, may provide the spark that sets the investigation on fire. Nonetheless, counsel are often confronted with the practical reality of clients who want to speak to the government, perhaps to be cooperative or to avoid regulatory or employment sanctions, and who want to understand the proffer process."

TECHNOLOGY TODAY:

 Privacy Expectation In the Age of GPS
Tuesday, June 9, 2009
By David Bender

 "David Bender, a solo practitioner, writes: The "expectation of privacy" has been a touchstone of privacy law since U.S. Supreme Court Justice John M. Harlan first enunciated the phrase four decades ago. But applying that characterization, especially to advancing technology, has proved difficult. Consider an advance that permits easy, inexpensive and comprehensive gathering of information that previously was lawfully collectible, but only with a great expenditure of resources. Should a quantum jump in the ease, inexpensiveness and magnitude of collection alter the expectation? The New York Court of Appeals recently grappled with these issues."