Legal Research

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Commercial Division Update
Friday, February 19, 2010
By George Bundy Smith and Thomas J. Hall

"George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review recent decisions that demonstrate that New York courts are generally loath to recognize the existence of a fiduciary duty where the relationship of the parties is in the nature of an arm's length business transaction without more."

Elder Law
Friday, February 19, 2010
By Daniel G. Fish

" Daniel G. Fish, a principal in Daniel G. Fish LLC, writes that the strongest motivating characteristic of the elder law client is the desire to protect the homestead, often by transferring it into a trust. While not difficult when the asset is a private home, funding the trust becomes much more complicated when the asset is a cooperative apartment".

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EPA Practice and Exhaustion Of Administrative Remedies
Friday, February 19, 2010
By Lee Spielmann

" Lee Spielmann, an assistant regional counsel with the U.S. Environmental Protection Agency, writes that the addition of 40 CFR §22.27(d) expressly provides what a party must do to safeguard the availability of judicial review of an EPA adjudication; if nothing else, it erased the prior uncertainty"