Legal Research

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Appellate Division Review 
Monday, March 29, 2010
By E. Leo Milonas and Frederick A. Brodie

"E. Leo Milonas and Frederick A. Brodie, partners at Pillsbury Winthrop Shaw Pittman, review rulings, including a finding that exercise of the state's eminent domain power to benefit "a private elite education institution" like Columbia University is unconstitutional,"

Mediation 
Monday, March 29, 2010
By Abby Tolchinsky and Ellie Wertheim

"Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that restorative Justice is generally defined as an approach to criminal offenses that shifts the focus away from the punitive toward the effect of the criminal behavior on the victims, offenders and their communities."

OUTSIDE COUNSEL:

New York Adopts Broad Changes To Law on Treatment Decisions 
Monday, March 29, 2010
By Tracy E. Miller

"Tracy E. Miller, executive director of the New York State Task Force on Life and the Law at the time the Family Health Care Decisions Act was developed and currently practicing health care law, writes that recent legislation establishes a new Article 29-CC of the Public Health Law that covers treatment decisions, including decisions to forgo life-sustaining measures, for adults who lack the capacity to decide for themselves and have not signed an advance directive, and for children."

SPECIAL REPORTS:

GC New York
Monday, March 29, 2010
" In this Labor & Employment Special Section from the New York Law Journal: 'Executive Compensation Clawbacks,' 'Insurance Coverage for Wage-Hour Claims,' 'Independent Contractors' and 'Navigating Employee Selections, Promotions and Terminations in Light of 'Ricci.'"

Also, in the highlighted article from this section,

Post-Traumatic Stress Disorder
"Stephen P. Sonnenberg, a partner at Paul Hastings, and Maria A. Audero, an associate at the firm, write: PTSD, originally a wartime trauma-based psychiatric condition referred to as 'shell shock' and 'battle fatigue,' is increasingly at issue in employment litigation. Misunderstood and misapplied, PTSD claims by employees are likely to become even more commonplace now that the EEOC proposed regulations under the ADA Amendments Act of 2008 state that a PTSD diagnosis 'will consistently result in a finding of [an employee's] disability.' "