Legal Research

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Health Law
Wednesday, July 29, 2009
By Francis J. Serbaroli

" Francis J. Serbaroli, a shareholder at Greenberg Traurig, discusses 'Michelle's Law,' enacted last year and to take effect this fall, which prohibits a group health plan from terminating coverage of a dependent child for up to one year when that child takes a medically necessary leave of absence from a postsecondary educational institution and the leave would otherwise result in ineligibility for health coverage."

International Litigation
Wednesday, July 29, 2009
By Lawrence W. Newman And David Zaslowsky

"Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write: It is probably fair to say that the generally accepted view of the duties of a party-appointed arbitrator should be properly understood as making sure that the other members of the tribunal have a full understanding of the position of the party appointing her. But what does this mean? Does it indicate that the party-appointed arbitrator proceeds in a biased way, but artfully enough so as not to push the other party-appointed arbitrator into a more partisan position? There are cynics who might (privately) say so, but it can also be fairly argued that the generally understood role of the party-appointed arbitrator is consistent with both the source of his appointment and his expected independence in carrying out his duties. "

Outside Counsel

Appellate Review of Structural Errors in Criminal Trials
Wednesday, July 29, 2009
By Benjamin E. Rosenberg

" Benjamin E. Rosenberg, a partner at Dechert, writes: The Supreme Court has stated that when structural errors occur, automatic reversal is required. Recent Second Circuit authority, however, has drawn a distinction between large and small structural errors. While there is force to the Second Circuit's reasoning - that errors that plainly do not affect the outcome of the case and plainly do not sacrifice the values that underlie the relevant constitutional provisions should not lead to reversal of a conviction - the Second Circuit's triviality analysis leads to at least four significant problems or questions. "

REAL ESTATE TRENDS:

Construction Law
Wednesday, July 29, 2009
By Kenneth M. Block and John-Patrick Curran

"Kenneth M. Block and John-Patrick Curran, members of Tannenbaum Helpern Syracuse & Hirschtritt, write that the law of mechanic's liens as it applies to condominiums presents unique issues that can result in problems for contractors, as well as condominium unit owners and boards of managers. Contractors not familiar with the rules, they warn, can find themselves without security for the payment of work they have performed on the condominium property."