Legal Research

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Trial Practice
Tuesday, January 26, 2010
By Robert S. Kelner and Gail S. Kelner

"Robert S. Kelner, senior partner at Kelner & Kelner, and Gail S. Kelner, an attorney with the firm, discuss Labor Law §240(1), which the Court of Appeals recently re-examined in a constructive and flexible manner, holding that the relevant inquiry was whether the harm flowed directly from the application of the force of gravity to the object. Recent Appellate Division decisions have similarly shown broader latitude in addressing statutory liability for falling objects."

Free With Registration: Health Law
Tuesday, January 26, 2010
By Francis J. Serbaroli

 "Francis J. Serbaroli, a shareholder in Greenberg Traurig, reviews the Laboratory Business Practices Act, which bans the payment of kickbacks or 'referral fees' for the referral of patients or specimens to laboratories from hospitals, physicians, and others; "markups" of fees for laboratory services; and other improper financial incentives that encourage the performance of unnecessary and expensive testing."

OUTSIDE COUNSEL:

'Padilla' Highlights Immigration Consequences of Criminal Proceedings
Tuesday, January 26, 2010
By Michael J. Wildes

" Michael J. Wildes, a managing partner of Wildes & Weinberg, writes that if the U.S. Supreme Court adopts either the petitioner's or the federal government's amicus position in Padilla v. Kentucky, it will increase the obligation criminal practitioners have to their clients. Forcing criminal defense attorneys to competently advise their clients as to the immigration consequences of a conviction would place a heavy burden on them to understand an area of law in which they might have little or no expertise."

TECHNOLOGY TODAY:

The Attorney-Client Privilege And E-Docs Stored at Work
Tuesday, January 26, 2010
By Stephen M. Kramarsky

"Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, writes that the attorney-client privilege protects communications that: (1) occur between client and counsel; (2) are intended to be confidential and are in fact kept confidential; and (3) are made for the purpose of obtaining or providing legal advice."