Legal Research

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Free With Registration: Products Liability
Wednesday, February 17, 2010
By Michael Hoenig

" Michael Hoenig, a member of Herzfeld & Rubin, discusses U.S. Southern District Judge Shira A. Scheindlin's bombshell decision that copiously analyzes a series of discovery failures that led to sanctions against numerous plaintiff-companies, and serves as a practical roadmap on how real people and real attorneys may be confronted by real challenges regarding compliance only to wind up making judgments that come back to haunt them".

Public Interest Law
Wednesday, February 17, 2010
By Martin A. Schwartz

 "Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, writes that public employees file large numbers of §1983 free speech retaliation claims alleging that expressive activity protected by the First Amendment led to firing or demotion."

OUTSIDE COUNSEL:

 'In re Babcock and Wilcox': Drafting Environmental Agreements
Wednesday, February 17, 2010
By Aaron Gershonowitz

"Aaron Gershonowitz, a partner at Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana, reviews a recent decision that provides significant guidance on whether an "as is" clause can be effective to waive future environmental claims; whether an "exclusive remedy" clause can defeat future claims based on federal statute or state common law; whether terms that are not defined in an agreement, but have a specialized meaning in environmental law, will be given their specialized meaning; and to what extent can one waive or release future environmental claims."

REAL ESTATE TRENDS:

Buyers Rely on 1968 Federal Law to Terminate Contracts
Wednesday, February 17, 2010
By Allison Lissner and Tara Duggan Ryan

"Allison Lissner, a member of Cole, Schotz, Meisel, Forman & Leonard, and Tara Duggan Ryan, an associate at the firm, write: There are a significant number of cases pending where plaintiff purchasers are seeking return of their deposits claiming they had a right to rescind their purchase contracts based upon developers' failure to comply with the Interstate Land Sales Full Disclosure Act of 1968, an act originally meant to protect out-of-state buyers who would arrive at the property after the sale to find swampland or another worthless type of property."