Legal Research

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Civil Rights and Civil Liberties
Tuesday, April 28, 2009
By Christopher Dunn

" Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes: In the 1960s the U.S. Supreme Court adopted an expansive view of state action, opening the door to wide-ranging civil-rights litigation against private actors. Since then, however, the Court has substantially narrowed the situations in which actions by nongovernmental actors can be deemed to be state action. Two recent cases - one from the Eighth Circuit and one from the Southern District of New York - involving private actors, police officers, and the First Amendment demonstrate, however, an important approach to extending constitutional obligations to private actors."

Tax Appeals Tribunal
Tuesday, April 28, 2009
By Joseph Lipari and Debra Silverman Herman

"Joseph Lipari and Debra Silverman Herman, partners of Roberts & Holland, write that based on longstanding tradition, nonresident taxpayers have generally not been subject to personal income tax on income earned from intangible assets, including the sale of stock or a partnership interest, nor have intangibles of nonresident decedents been subject to New York Estate Tax. However, two recent items - a piece of legislation enacted as part of the 2009-2010 New York Executive Budget Bill and a recent advisory opinion issued by the New York State Department of Taxation and Finance - throw a monkey wrench into the state's historic tax policy."

OUTSIDE COUNSEL:

Protecting Owners and Developers In Their Construction Contracts
Tuesday, April 28, 2009
By Ronald B. Feingold

" Ronald B. Feingold, a partner with LePatner & Associates, writes that in today's economic environment epitomized by a tight credit market, owners and developers must discover novel ways to manage and control a construction project in order to keep construction costs and overhead to a minimum. They can no longer rely on standardized form agreements for the project architect and construction team, which permit contractors to bid low and make their profits on myriad change orders and project delays".

TECHNOLOGY TODAY:

Federal E-Discovery
Tuesday, April 28, 2009
By H. Christopher Boehning and Daniel J. Toal

"H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: Evidently weary of deficient keyword searches, U.S. Magistrate Judge Andrew J. Peck recently issued a self-styled 'wake-up call' to members of the bar in the Southern District. Instead of attorneys designing keywords without adequate information 'by the seat of their pants,' Magistrate Judge Peck appealed for keyword formulations based on careful thought, quality control, testing and cooperation."