Legal Research

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.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Insurance Fraud
Friday, July 17, 2009
By Evan H. Krinick

" Evan H. Krinick, a partner at Rivkin Radler, reviews recent cases involving an insurer's ability to rescind a policy based on misrepresentations by the applicant, including one that depended upon whether the insurer challenged the policy before the incontestability date, given that the two-year window ended on a weekend, and another where the insurer claimed the PATRIOT Act allowed it to rescind the policies."

Free With Registration: Copyright Law
Friday, July 17, 2009
By Robert W. Clarida and Robert J. Bernstein

"Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, founder of The Law Office of Robert J. Bernstein, review Salinger v. Colting, in which a Southern District judge granted a preliminary injunction to J.D. Salinger in connection with a new book, '60 Years Later: Coming Through the Rye,' that claims to be a parody of Mr. Salinger's 1951 classic 'The Catcher in the Rye.' The decision has sparked controversy among bloggers and commentators, some of whom describe it as a censorious departure from settled copyright law. But the decision relies almost entirely on defendant-friendly precedent such as Campbell v. Acuff-Rose Music and Suntrust Bank v. Houghton-Mifflin Co. in which the courts have famously permitted arguably comparable uses."

OUTSIDE COUNSEL:

Handle With Care: Administering Endowment Funds in Tough Times
Friday, July 17, 2009
By Robert S. Barnett and Andreea Olteanu

"Robert S. Barnett, a member of Capell Barnett Matalon & Schoenfeld, and Andreea Olteanu, an associate at the firm, write: Due to the current market decline, many not-for-profit corporations are confronted with unique problems. Not only have their endowments fallen below historic dollar value, but due to the severe economic downturn, they are experiencing drastic reductions in revenue and contributions. A question arises as to whether an organization may utilize any portion of the endowment, when its market value has dropped below historic dollar value".