Legal Research

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Criminal Law and Procedure
Monday, July 6, 2009
By Barry Kamins

"Barry Kamins, the administrative judge for criminal matters in the Second Judicial District, analyzes the the major provisions of New York's latest retooling of drug laws enacted during the drug epidmeic of the 1970s, signed into law by Governor David A. Paterson on April 7, 2009, with its numerous features and various effective dates. "

Professional Responsibility
Monday, July 6, 2009
By Anthony E. Davis

"Anthony E. Davis, a partner at Hinshaw & Culbertson, considers three questions recently addresed by courts and bar groups: May prospective clients sue for bad advice given during an interview intended to determine whether the firm would be hired (or would accept the engagement)?; What are the elements that trigger the duty of confidentiality to a prospective client?; What is the scope of law firms' duties of supervision of associates assigned to perform pro bono work outside their normal areas of competency?"

OUTSIDE COUNSEL:

Free With Registration: Court Toughens Application of Rule 8 Pleading Standards for Civil Cases
Monday, July 6, 2009
By Richard D. Bernstein and Frank M. Scaduto

"Richard D. Bernstein, a partner at Willkie Farr & Gallagher, and Frank M. Scaduto, an associate at the firm, write: The U.S. Supreme Court's most important decision this term affecting business litigation did not involve a business. Ashcroft v. Iqbal will make it harder for numerous civil plaintiffs to escape dismissal of claims brought in federal court. Although the facts in Iqbal concern racial and religious discrimination claims by a post-Sept. 11 Muslim detainee, Iqbal will have a major impact in business litigation. This is because Iqbal expressly applies to the pleading of each element, including knowledge and intent, of every claim in federal court."

SPECIAL REPORTS:

Sustainable Practices & Regulation
Monday, July 6, 2009
In this Special Section from the New York Law Journal: 'Passive Building,' 'Water Meets Climate Change' and 'How Law Firms Are Going Green.' " 

Also, in the highlighted article from this section,

Free: Putting the Wind (Back) to Work
"Patricia G. Hammes and Mitchell E. Menaker, partners at Shearman & Sterling, and Robert N. Freedman, counsel at the firm, write that the recent growth of the wind power industry was driven by a combination of demand-side growth generated by regulatory requirements, investment subsidies provided by tax-based incentives and a very liquid financing market. If this history is telling, they, say, it will likely take a similar mix to drive future growth in at least the near term. "