Legal Research

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International Environmental Law
Monday, June 15, 2009
By Stephen L. Kass

" Stephen L. Kass, a partner at Carter Ledyard & Milburn and an adjunct professor of International Environmental Law at Brooklyn Law School, writes that the recently introduced climate change bill would, if enacted in its current form, represent a significant advance by the United States in beginning to confront climate change by limiting emissions from carbon dioxide, methane, hydrofluorocarbons and other greenhouse gases. Nevertheless the bill falls far short of the concrete commitments necessary if the United States, and the world generally, are to have any chance for meaningful progress. While the perfect must not become the enemy of the good in congressional legislation, H.R. 2454 must be only the first step in a sustained series of U.S. initiatives to spare the Earth's atmosphere, as well as its oceans, forests and freshwater resources, from the accelerating effects of climate change and to help hundreds of millions of the world's poorest people adapt to the consequences of past, present and future industrial development. "

Tax Tips
Monday, June 15, 2009
By Sidney Kess

" Sidney Kess, CPA-attorney, consulting editor to CCH Inc., author and lecturer, discusses the tax implications of debt forgiveness, including what types of debt were covered by the Mortgage Forgiveness Debt Relief Act of 2007 and Emergency Economic Stabilization Act of 2008, the reporting requirements, and what other types of personal and business debt forgiveness are not taxable."

OUTSIDE COUNSEL:

Insurer's Use of Peer Review Report at Summary Judgment
Monday, June 15, 2009
By Jeffrey S. Siegel and Mitchell S. Lustig

"Jeffrey S. Siegel, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that no-fault insurers would be well advised to file summary judgment motions to dismiss in those instances where the claim was denied for lack of medical necessity based upon an affirmed peer review and/or IME report. This, they say, would squarely put the onus upon the medical provider to establish the medical necessity of the services rendered."

SPECIAL REPORTS:

Free: Litigation
Monday, June 15, 2009
 "In this Special Section from the New York Law Journal, brought to you free by Tinari Economics Group: 'Spoliators, Be Prepared' and 'Defining 'Arbitrability.' '"

Also, in the highlighted article from this section,

Virtual Contacts and Personal Jurisdiction
"Robert S. Friedman, a partner at Kelley Drye & Warren, and Mark E. McGrath, a senior associate at the firm, discuss recent decisions involving personal jurisdiction and electronic contacts, along with how courts are handling jurisdictional questions attendant to the next generation of technology, such as forms of "cloud computing," including virtual data rooms and social networks. As these technologies continue to develop and opportunities arise to increase revenue, companies risk having to defend themselves in far-off jurisdictions never before contemplated."