Legal Research

If you are already an online subscriber to the New York Law Journal you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

http://www.nylj.com

Subscription required for online access unless otherwise noted:

Free: Perspective
Friday, April 10, 2009
By Kenneth P. Thompson and Andrew S. Goodstadt

"Kenneth P. Thompson and Andrew S. Goodstadt, partners at Thompson Wigdor & Gilly who represent almost 20 AIG employees in the financial products division who received the retention payments that have sparked a national furor write that it has been nearly impossible to open a newspaper, turn on the television or even attend a social function without being exposed to the public anger over AIG employees who recently received a total of $165 million in 'bonuses.' However, they say, the public's uproar over these payments, which has been fueled by the media and elected officials, is based on a fundamental misunderstanding of the nature of these payments, namely, that they are 'bonuses' in the conventional sense and money rewarding employees for the failure of a bankrupt company."

New York Court of Appeals Roundup
Friday, April 10, 2009
By Roy L. Reardon and Mary Elizabeth McGarry

"Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, write that the Court of Appeals has: appealed to the Legislature to address the rules applicable to equitable subrogation in a personal injury action and to reexamine the CPLR provision covering intervention by permission; reversed a libel verdict in favor of a public official, finding insufficient evidence of actual malice; and it held that under the circumstances, the 13-minute investigative detention of a defendant was not justifiable."

Eastern District Roundup
Friday, April 10, 2009
By Harvey M. Stone and Richard H. Dolan

"Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge Joanna Seybert rejected a defense of claim preclusion flowing from a prior settlement in a similar case, while Judge Arthur D. Spatt denied summary judgment motions by two police officers asserting qualified immunity as a defense to §1983 claims resulting from a fatal shooting, and also analyzes other recent decisions of note."

OUTSIDE COUNSEL:

 'Rescue' for Trademark Protection in Cyberspace
Friday, April 10, 2009
By Norman C. Simon

"Norman C. Simon, a partner with Kramer Levin Naftalis & Frankel, writes that the Second Circuit's reversal in Rescuecom by no means assures a victory for the plaintiff on the merits. Nevertheless, he says, this recent decision arms advertisers with the means to combat unfair competitive cyber-marketing practices."