Legal Research

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Wills, Estates and Surrogate's Practice
Thursday, July 9, 2009
By Peter C. Valente and Herbert Bockstein

"Peter C. Valente and Herbert Bockstein, partners at Blank Rome, write: In 1968, the question was asked of the New York Court of Appeals whether a decedent, domiciled in a foreign state or country, could deny his family the more favorable rights afforded in the foreign jurisdiction, by selecting New York State as the jurisdiction to govern the disposition of testamentary assets. Forty-one years later the answer to that question is a resounding yes."

OUTSIDE COUNSEL:

Settling Cases: Practical Steps To Becoming a Better Negotiator
Thursday, July 9, 2009
By Ruth D. Raisfeld

" Ruth D. Raisfeld, a private mediator and arbitrator who serves as a Special Master in the Pre-Argument Section of the Appellate Division, First Department, writes: Today's difficult economic environment impacts on the ability to settle cases: individual and corporate clients lack cash; courts are overburdened; litigation is unpredictable; enforceability of judgments is uncertain. In this environment, the role of attorneys in negotiating to prevent or resolve disputes may be as important as the role of litigator. But few attorneys are trained as negotiators."

CORPORATE UPDATE:

 Free With Registration Ensuring Coverage for Actions In Response to Investigations
Thursday, July 9, 2009
By Joseph D. Jean and Rachel M. Wrightson

"Joseph D. Jean, a counsel at Dickstein Shapiro, and Rachel M. Wrightson, an associate at the firm, write: During these challenging economic times, paying for mounting legal fees and costs associated with responding to subpoenas and investigations is a substantial issue for many companies. Whether insurance coverage is available for those costs almost always boils down to whether or not the subpoena comes within the policy's definition of a 'claim.' Although insurers frequently assert that a subpoena does not constitute a 'claim,' decisions by courts that have addressed this issue vary."