Legal Research

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Corporate and Securities Litigation
Wednesday, February 10, 2010
By Sarah S. Gold and Richard L. Spinogatti

"Sarah S. Gold, a partner at Proskauer Rose LLP, and Richard L. Spinogatti, a senior counsel with the firm, review a recent decision arising out of the Bernard Madoff scandal where Southern District Judge Victor Marrero adopted Magistrate Judge Theodore Katz's report and recommendation rejecting a creative, but ultimately unsuccessful, attempt to secure a federal forum for a shareholder derivative suit involving purely state law claims".

Special Education Law
Wednesday, February 10, 2010
By Phyllis K. Saxe and Sharon Stein

"Phyllis K. Saxe, a special education attorney in New York, and Sharon Stein, a partner at Stein & Ott, write: Matrimonial lawyers and family law practitioners are often asked to navigate complex areas of substantive law, such as tax law, trusts and estates, and the law of corporations, for example, in order to properly represent their clients. We submit that an understanding of the Individuals with Disabilities Education Act will facilitate the obligation of all lawyers involved in divorce proceedings to reach the result that is in the best interests of the child"

OUTSIDE COUNSEL:

A Look at the Current Muddled State of the Federal Estate Tax
Wednesday, February 10, 2010
By Leo Matarazzo and Gary A. Phillips

"Leo Matarazzo and Gary A. Phillips, members of Cole, Schotz, Meisel, Forman & Leonard, write: The repeal of the federal estate and the generation skipping transfer taxes - and the ensuing legislative uncertainty - has forced advisers to consider all possible alternatives in planning, and has them even attempting the impossible task of predicting the future."

REAL ESTATE TRENDS:

Split Between Departments Muddies Subrogation Doctrine
Wednesday, February 10, 2010
By Adam Leitman Bailey and Dov Treiman

"Adam Leitman Bailey and Dov Treiman, partners of Adam Leitman Bailey, P.C., write: In an era when this nation's economic stability depends, in part, on stable and unfettered real estate transfers, equitable subrogation provides a solution to some of the cracks in the system. However, as evidenced by a split between two departments of the Appellate Division, these cracks need some additional caulking to make sure that the right lien obtains priority."