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:

Antitrust
Thursday, August 27, 2009
By Elai Katz

" Elai Katz, a partner of the firm of Cahill Gordon & Reindel, reviews recent developments of interest, including the FTC's contesting of two health care-related mergers, one an acquisition of two outpatient clinics by a hospital system in Virginia, the other a heart-pump maker's proposed acquisition of a prospective competitor; the settlement of challenges to a merger involving the only domestic manufacturers of aluminum sheathing; the Department of Transportation's decision to grant antitrust immunity to an airline alliance; and more".

Trial Advocacy
Thursday, August 27, 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, discuss trial tactics for cases involving knee injuries, a prevalent injury in personal injury cases. A skillful opening statement detailing the normal anatomy and describing how the accident caused the pathologic anatomy is a critical step in persuading a jury to find in your client's favor. That, in combination with an artful direct of the orthopedic expert, can go a long way in proving the seriousness of your client's injury and portraying the damages in the case."

OUTSIDE COUNSEL:

 You've Been E-Served: Service of Process by E-Mail in New York
Thursday, August 27, 2009
By Bruce S. Goodman

"Bruce S. Goodman, a senior associate with Zeichner Ellman & Krause, writes: Advances in communications technology have long shaped the manner in which a plaintiff gives notice of a lawsuit to a defendant. The days in which service could be accomplished only by physically delivering a summons and complaint to the defendant seem quaint in the hyper-connected wireless world we live in. Not surprisingly, a number of courts, including two New York state courts and two federal district courts in New York, have permitted plaintiffs, unable to serve a defendant by conventional means, to effect service of process by e-mail. "

CORPORATE UPDATE:

Distressed Mergers and Acquisitions
Thursday, August 27, 2009
By Corinne Ball

" Corinne Ball, a partner at Jones Day, writes: The Bankruptcy Court's approval of the modified plan for Delphi Corporation is a great achievement for the many people who worked to save Delphi. Yet, there can be no doubt that the prospect of a Section 363 sale to Platinum and the auto task force are responsible for prompting the debtor-in-possession lenders to permit Delphi to emerge from bankruptcy as a going concern. Delphi's ability to consummate a Chapter 11 plan was hostage to the DIP Lenders, who were entitled to be paid in full upon plan consummation. Thus, Delphi, GM and the auto task force focused on a Section 363 sale to preserve Delphi as a going concern and pay the DIP Lenders the value of their collateral."