Legal Research

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Condemnation and Tax Certiorari
Monday, August 4, 2008
By M. Robert Goldstein and Michael Rikon

"M. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, admit to being puzzled by a recent decision by the Appellate Division, Second Department. The issue was the valuation date of the taking. What puzzled them? The loose use of terms when a taking was adjudicated. Both decisions used the same words to describe something different."

Employment Law
Monday, August 4, 2008
By Jeffrey S. Klein and Nicholas J. Pappas

"Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, analyze a recent Supreme Court ruling that makes clear that indirect evidence may be used to establish that a conflict of interest affected a benefits decision. Accordingly, they, say, fiduciaries and plan sponsors should consider taking several steps to increase the likelihood that a reviewing court will grant deference to the fiduciary's decisions."

OUTSIDE COUNSEL:

AIA Document A201-2007, ConsensusDOCS 200 Forms
Monday, August 4, 2008
By Brian G. Lustbader

" Brian G. Lustbader, counsel to Mazur, Carp & Rubin, writes that every 10 years or so, the American Institute of Architects revises its form construction documents. Those revisions are typically substantive and extensive, and the latest revisions, the 2007 form documents, are no exception. It is therefore of critical importance, he notes, that all parties to construction projects, owners, developers, construction managers, contractors, and subcontractors, carefully analyze the new documents with their counsel and make appropriate modifications before signing them. "