Features
Protecting Counsel Privilege in a Post-Yates Memo World
In last month's newsletter, the authors put forward the proposition that attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) "Yates Memorandum." They continue their discussion herein.
Features
Will Ascertainability Split Finally Be Resolved?
Despite requests for change, the Judicial Conference Advisory Committee on Civil Rules declined to include ascertainability in its proposed changes to Rule 23. In addition, the U.S. Supreme Court recently rejected two petitions for certiorari earlier this year that would have addressed ascertainability.
Features
The Bermuda Form
<b><i>Declaring an Integrated Occurrence (or Not)</b></i><p>Many Fortune 500 companies' product liability insurance programs use the Bermuda Form to insure alleged bodily injury and property damage. The Bermuda Form has many characteristics distinct from standard commercial general liability (CGL) policies. Knowing its intricacies is essential for any coverage lawyer involved in large-scale coverage analysis and disputes.
Features
Second Department Evaluates Alternative Undertakings Used at Atlantic Yards
n a 3-2 split decision, a Second Department panel has ruled that the strictures of New York Lien Law § 5 were satisfied when initial developer Forest City provided a "completion guaranty," rather than a bond or other typical form of undertaking, for the Atlantic Yards B2 Residential Project in Brooklyn next to the Barclays Center arena.
Columns & Departments
Real Property Law
Detailed discussion involving two rulings of importance.
Features
Child Custody Evaluations
<b><i>Proper Use of Psychological Test Results</b></i><p>Child custody evaluations often include administration, scoring, and interpretation of psychological tests. Custody evaluators who present results and interpretation of psychological test scores often discuss only their interpretation of the scores.
Features
Trust Issues: Pre- and Post-Nuptial Clauses
<b><i>Part Two of a Two-Part Article</b></i><p>A discussion of the trust issues that can arise in the context of matrimonial practice.
Columns & Departments
Case Notes
News Agencies Wanted Trump's Divorce Records: Judge Said 'No'<br>NJ Alimony Reduction Amendments May Be Applied Retroactively<br>Conviction Upheld: Divorced Man Threatened to 'Kill and Eat' Judge and His Family
Features
Salvaging a Patent After a Post-Grant Proceeding
When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant proceeding, the subject patent is in jeopardy.
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