Legal Research

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Health Law
Tuesday, March 31, 2009
By Francis J. Serbaroli

" Francis J. Serbaroli, a shareholder in Greenberg Traurig, writes: It is important for every provider to understand that there is no such thing as an 'informal' audit or a 'routine' investigation. Any requests from or visits by auditors or investigators from any of the agencies or contractors mentioned earlier must be taken very seriously. They have the right to review documents and obtain information relevant to their inquiries, but the provider also has certain rights, and can and should take steps to protect itself"

OUTSIDE COUNSEL.

Avoiding the Pitfalls of Buying Property at Foreclosure
Tuesday, March 31, 2009
By William J. Giacomo

" William J. Giacomo, a justice of the Supreme Court in the Ninth Judicial District, sitting in Westchester County, writes: This is a time of unprecedented foreclosures. More than 2.3 million American homeowners faced foreclosure proceedings last year, an 81 percent increase from 2007, with the worst yet to come as consumers grapple with layoffs, shrinking investment portfolios and falling home prices. Indeed, this court regularly finds its desk piled high with judgments of foreclosure and/or orders of reference. In this atmosphere many a general practitioner may be confronted with questions which yield interesting legal issues."

TECHNOLOGY TODAY: 

State E-Discovery
Tuesday, March 31, 2009
By Mark A. Berman

" Mark A. Berman, a partner at Ganfer & Shore, writes that courts look to see if the electronic communications upon which New York jurisdiction is predicated concern a transaction that is germane and related to the relationship between the parties and also sufficiently connected to the state. The more tangential a transaction to the state or to the defendant, he concludes, the more likely jurisdiction in New York will not lie, and electronic communications connected to the state alone will generally not suffice to cause a defendant to be subject to the jurisdiction of New York."