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Litigation
June 22, 2004
Recent cases of importance to you and your practice.
New York Court Allows Two Bites of the Apple
June 22, 2004
In a decision that caused a stir among the bench and bar, New York State's highest court, the Court of Appeals, sanctioned a highly controversial practice that enables custodial spouses to draw child support twice from the same income stream.
Can a Fit Mother Block Grandparents' Visits?
June 22, 2004
The California Supreme Court is struggling to decide whether state law allows courts to grant visitation rights to grandparents over the objections of parents who have not been declared unfit. There is widespread interest in the case, with <i>amici curiae<i> including the Association of Certified Family Law Specialists, the Coalition for Restoration of Parental Rights, the American Civil Liberties Union and two gay and lesbian groups.
Keep the Therapists Out of It!
June 22, 2004
It seems obvious: If you want to know about a litigant's mental state or a child's psychological needs, ask the litigant's or child's therapist. Wrong! There are good reasons not to confuse treating-therapists with expert witnesses. The testimony of treating-therapists rarely contributes to the litigation and calling on the treating-therapist will usually destroy therapy.
You Get What You Pay For (Or You Pay for What You Get!)
June 22, 2004
A Manhattan Supreme Court justice has ordered a celebrity artist who tried to avoid almost $2 million in legal fees by claiming that his law firm's bills were unethically high to pay up.
e-Commerce Docket Sheet, Part 2
June 10, 2004
Exclusive to online subscribers, more cases and happenings of interest to the e-commerce industry.
Recent Developments from Around the States
June 04, 2004
National cases of importance to your practice.
National Litigation Hotline
June 04, 2004
Recent cases for your review.
OK to Favor Older Employees over Younger Ones?
June 04, 2004
On Feb. 24, 2004, the U.S. Supreme Court issued an important decision concerning whether the Age Discrimination in Employment Act (ADEA) prohibits employers from engaging in "reverse discrimination" by favoring older workers over younger workers. In <i>General Dynamics Land Systems, Inc. v. Cline</i>, the Supreme Court held that the ADEA does not prohibit employers from favoring older employers over younger ones. Because this decision resolves a conflict in various federal circuit courts of appeal, the Supreme Court's opinion eliminates any uncertainty concerning this issue at the federal level.
Harassment Action Dismissed on Foreign Sovereign Immunity Grounds
June 04, 2004
A recent Second Circuit decision clarifies the application of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 <i>et seq.</i>, in a discrimination case filed against foreign governments and their agencies and instrumentalities.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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