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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal: Featured Columnists March 2, 2009

By David Badertscher, PLL

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Professional Responsibility
Monday, March 2, 2009
By Anthony E. Davis

" Anthony E. Davis, a partner of Hinshaw & Culbertson, reviews two recent decisions of interest, one in which the Court of Appeals interpreted §487 of the Judiciary Law, which provides for treble damages against lawyers who engage in "deceit or collusion" before a court, and another from the Delaware Court of Chancery on the relationship between ethics rules relating to conflicts of interest and courts' discretion in deciding disqualification motions. "

Estate Planning and Philanthropy
Monday, March 2, 2009
By Conrad Teitell

" Conrad Teitell, a principal at Cummings & Lockwood, asks a question that so-worried the IRS that they recently issued a Notice to make their position clear: Can the donor (or other beneficiary) of a charitable remainder unitrust or annuity trust during his lifetime step up the basis of appreciated assets used to fund a CRT and then on an early termination of the trust get back proceeds equal to his interest in the trust free of capital gains tax? "

SPECIAL REPORTS:

Corporate Restructuring and Bankruptcy
Monday, March 2, 2009
" In this Special Section from the New York Law Journal: 'Protecting Redemptions in a Ponzi Scheme Case,' 'Lehman Bankruptcy: Precedent-Setting Or One of a Kind?' and 'Running On Empty.' " 

Also, in the highlighted article from this section,

Free With Registration: Hedge Fund Liquidations
"Matthew A. Feldman, a partner at Willkie Farr & Gallagher, and Jennifer L. Dudanowicz, an associate at the firm, write: Once the specter of liquidation is raised, a hedge fund manager should promptly provide the fund more time and control by taking advantage of options that may exist under its fund documents, such as suspending redemptions or creating synthetic side pockets. If these options do not exist, the manager should focus his attention on the timing of redemptions to try to ensure the most equitable outcome among investors - if for no other reason than that it will reduce the risk of costly litigation."

 

Full post as published by New York Supreme Court Criminal Term Library on March 02, 2009 (boomark / email).

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