Legal Research

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Products Liability
Monday, January 11, 2010
By Michael Hoenig

" Michael Hoenig, a member of Herzfeld & Rubin, writes that the law applicable to resolving product design claims abounds in complexities and nuances that, as applied in real-life cases, challenge even the most proficient lawyers and jurists. A recent First Departmnet ruilng, not even among the most intricate of design claims, nevertheless he says reflects some of the tensions inherent in design litigation."

Trusts & Estates Law
Monday, January 11, 2010
By Ilene Sherwyn Cooper

" Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes: 'The year 2009 was host to a multitude of opinions and legislation impacting trusts and estates. Indeed, no one would dispute that the legislation overhauling the form power of attorney has had a dramatic effect on the field. The final quarter of 2009 continued with the year's trend, producing decisions addressed to an array of significant issues affecting practice and procedure.' " 

OUTSIDE COUNSEL:

'People v. Brown': One Expert Is Enough
Monday, January 11, 2010
By Paul Shechtman

" Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes that lurking in the background in recent rulings is a question that the U.S. Supreme Court has yet to address but our Court of Appeals has: Does the Confrontation Clause permit an expert to base her testimony on constitutionally inadmissible hearsay if such information is of a kind relied upon by professionals in the field?"

SPECIAL REPORTS:

Regulatory Reform
Monday, January 11, 2010
" In this Special Section from the New York Law Journal: 'With or Without Congress,' 'Continuing Prominence Seen For Whistleblowers' and 'Reining in the Credit Ratings Industry.' " 

Also, in the highlighted article from this section,

Free With Registration: Translating 'Macro-Prudential Supervision' Principles Into Law
"Bradley K. Sabel, a partner at Shearman & Sterling, and Gregg L. Rozansky, counsel at the firm, write: Sparked by the recent financial crisis, the push to incorporate a 'macro-prudential' or 'systemic' component into the U.S. financial regulatory framework is being spurred on by both populist resentment over the use of taxpayer money to bail out institutions seen as "too big to fail" and cutting edge studies by financial economists within academia, think tanks and central banks. Putting theory into practice, however, will be a daunting challenge given the dynamics of the financial system and the fact that there is no proven set of guidelines to follow in most areas."