Legal Research

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Professional Responsibility
Monday, March 1, 2010
By Hal R. Lieberman

"Hal R. Lieberman, a partner at Hinshaw & Culbertson, write: One of the hallmarks of a fair and properly functioning disciplinary system is even-handed treatment of the principal participants. Unfortunately, because of its disjointed grievance structure, whereby each of the four appellate departments separately and non-uniformly oversees all aspects of attorney discipline in its geographic jurisdiction, New York does not currently meet that basic standard."

Trusts and Estates Law
Monday, March 1, 2010
By C. Raymond Radigan

" C. Raymond Radigan, of counsel to Ruskin Moscou Faltischek, argues that the Surrogates' Courts should have jurisdiction over partition proceedings where a decedent's estate is involved, preventing the current procedural quagmire an estate may find itself in as it hopscotches between two courts just to obtain the desired relief."

OUTSIDE COUNSEL:

 Innocence Lost and Found: Determining Recovery for Co-Insured
Monday, March 1, 2010
By Jeffrey S. Weinstein and Michael L. Calder

"Jeffrey S. Weinstein, a partner at Mound, Cotton, Wollan & Greengrass, and Michael L. Calder, an associate at the firm, write that under New York law, an insurance company must pay a claim by an innocent spouse if the other co-insured spouse intentionally destroys the insured property. But what happens if the "insured" is a partnership? These questions have not been firmly resolved, despite a recent decision from the Western District. "

SPECIAL REPORTS:

Corporate Restructuring and Bankruptcy
Monday, March 1, 2010
'In this Special Section from the New York Law Journal: 'Ingredients for a Successful Cram Up Reorganization,' 'Breaking New Ground in Fraudulent Transfer Law' and 'Reasonable Insecurity.'" 

Also, in the highlighted article from this section,

Free With Registration: Did 2009 Change the Bankruptcy Landscape Forever?
"Geoffrey T. Raicht, a partner in McDermott Will & Emery, writes: Last year, businesses, financial institutions and the U.S. government called upon and tested the creativity and power of the Bankruptcy Code to help save some of the country's largest corporations and, perhaps, the overall global economy. History will be the ultimate judge of the measures taken during this economic crisis, but in the interim, bankruptcy and non-bankruptcy practitioners alike must consider the effect and potential use of the offensive and defensive weapons that were used in the past year."