Legal Research

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Western District Roundup
Tuesday, July 28, 2009
By Sharon M. Porcellio

 "Sharon M. Porcellio, a partner at Ward Norris Heller & Reidy, reports on a recent decision which analyzed the doctrine of fraudulent joinder where defendants claimed that one party was fraudulently joined for the purpose of defeating federal jurisdiction. The court, she says, found that there was fraudulent joinder because there was no possibility of recovering against the non-diverse party. "

Trial Advocacy
Tuesday, July 28, 2009
By Ben Rubinowitz and Evan Torgan

"Ben Rubinowitz, a partner at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz and an adjunct professor at Hofstra University School of Law and Cardozo Law School, and Evan Torgan, a member of Torgan & Cooper, write: Grabbing the audience's attention immediately by beginning the story at a critical point in the plot, only then to return the narrative to the beginning and taking the story up to the point which the audience has already seen has become common in television shows and movies. This technique is easily portable to your opening statements and examination of witnesses. If delivered correctly, it can have the desired effect of maintaining and stimulating your jury's interest in the case, while also focusing it on the moments in time which are critical to your case's narrative. "

OUTSIDE COUNSEL:

Free With Registration: 'Koehler': Creating Mecca for Creditors Or Anti-Mecca for Garnishees?
Tuesday, July 28, 2009
By David D. Siegel

 "David D. Siegel, Distinguished Professor of Law Emeritus at Albany Law School, analyzes the Court of Appeals' decision in Koehler v. Bank of Bermuda Ltd., where the majority applied New York enforcement statutes to enable a Pennsylvanian judgment creditor to reach, with New York process, stock certificates owned by the judgment debtor, a Bermuda resident, which were in the custody of a bank located in Bermuda. The action that produced the judgment was from a federal court in Maryland. The ramifications of the decision, especially for the effect it can have on the use of the New York courts by judgment creditors in cases having no New York connections, motivated the dissent, which called Koehler a 'recipe for trouble.' "

TECHNOLOGY TODAY:

State Courts and the Federal Computer Fraud and Abuse Act
Tuesday, July 28, 2009
By Mark A. Berman

" Mark A. Berman, a partner at Ganfer & Shore, writes that the Computer Fraud and Abuse Act should not be overlooked when drafting a complaint alleging improper conduct by a former employee, where there is a concern that she improperly accessed the firm's computer network. However, the statute is exacting and state courts narrowly construe its provisions. Nevertheless, the CFAA remains a powerful tool with a built-in provision providing for injunctive and equitable relief that may be useful when a business is threatened by loss of critical data and information."