Legal Research

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Trusts and Estates Law
Monday, May 4, 2009
By C. Raymond Radigan and Raymond C. Radigan

"C. Raymond Radigan, a former Surrogate of Nassau County and of counsel to Ruskin Moscou Faltischek, and Raymond C. Radigan, fiduciary business development officer at the U.S. Trust, Bank of America, Private Wealth Management, write: The capital markets have become more complex and volatile. As a result, a trustee now has an inordinate amount of responsibility when investing in a fiduciary capacity and could be held liable if it does not comply with the prudent investor standard. A trustee can either choose to be exclusively responsible for investing the trust assets or they can delegate these duties to a third party. Either way, imprudent investing can take many forms including holding a concentrated position without special circumstances or investing exclusively in a risky asset class. That does not mean, however, that a trustee must adhere to one particular investment strategy to avoid liability."

Professional Responsibility
Monday, May 4, 2009
By Anthony E. Davis

" Anthony E. Davis, a partner of Hinshaw & Culbertson, reviews Rule 1.5 of the new Rules of Professional Conduct, which contains significant differences from the preceding rules that governed fees, and two recent cases that clarify different aspects of the law relating to legal fees."

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Free With Registration: Overview of Cap-and-Trade Provisions in Proposed Legislation
Monday, May 4, 2009
By E. Gail Suchman and Alessandro J. Sacerdoti

"E. Gail Suchman, special counsel at Stroock & Stroock & Lavan, and Alessandro J. Sacerdoti, an associate at the firm. analyze a recent draft of a piece of legislation expected to be introduced soon which would regulate greenhouse gas emissions from 'covered entities' which, according to the bill's sponsors, are responsible for 85 percent of greenhouse gas emissions in the United States."