Legal Research

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Subscription required for online access unless otherwise noted:Southern District Civil Practice Roundup
Thursday, October 1, 2009
By Edward M. Spiro and Judith L. Mogul

"Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, say the preliminary injunction is a potent weapon that courts are hesitant to unleash against former employees absent clear evidence that the new employment poses a real risk that confidential information will be divulged. The existence of a written non-compete agreement can be an important factor, however, they caution that an employer seeking a preliminary injunction must also come armed with concrete evidence of the harm it claims it will suffer in the absence of an injunction."

Wills, Estates and Surrogate's Practice
Thursday, October 1, 2009
By Peter C. Valente and Herbert Bockstein

"Peter C. Valente and Herbert Bockstein, members of Blank Rome, analyze a recent case where the court found that the authority of the executor to step in as an officer of a decendent's professional corporation was limited because the executor was not a licensed physician and therefore the executor did not have powers reserved for members of the medical profession. "

OUTSIDE COUNSEL:

Tightening the Labor Law: Falling Objects and §240(1)
Thursday, October 1, 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 courts are certainly protective of a worker's rights under the Labor Law, they have simultaneously recognized that owners and contractors are not insurers and cannot be held responsible for each and every injury suffered at a work site. The courts have resolved these two views, they say, by limiting the application of this safe workplace statute to only those hazards specifically contemplated by the statute and also by questioning the somewhat sacrosanct belief that workers cannot protect themselves from work-site dangers."

CORPORATE UPDATE:

Free With Registration: New Deals
Thursday, October 1, 2009
By Jessica Lauredan

"Russian billionaire Mikhail D. Prokhorov has agreed to pump $200 million into the controversial Atlantic Yards project in Brooklyn in return for an 80 percent stake in the New Jersey Nets and a 45 percent share of the arena where the team would play once it moves to Brooklyn. Also, Xerox has reached a $6.4 billion agreement to acquire outsourcing company Affiliated Computer Services, expanding its presence in the growing consulting and outsourcing markets. Xerox will pay $63.11 a share in cash and stock for the company and assume $2 billion of ACS debt, making this the imaging giant's largest acquisition in its 103-year history."