Protecting Counsel Privilege in a Post-Yates Memo World
December 01, 2016
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.
Will Ascertainability Split Finally Be Resolved?
December 01, 2016
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.
The Bermuda Form
December 01, 2016
<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.
Second Department Evaluates Alternative Undertakings Used at Atlantic Yards
December 01, 2016
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.
Real Property Law
December 01, 2016
Detailed discussion involving two rulings of importance.
Child Custody Evaluations
December 01, 2016
<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.
Case Notes
December 01, 2016
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
CMO Best Practices: Some Tips to Make a Really Tough Job a Little Easier
December 01, 2016
The issues that I confronted a dozen years ago when I became a CMO for the first time are very much the same issues that my CMO brothers and sisters face today. Irrespective of whether you've had decades of experience or not, the job is tough. Well, the job is relatively easy, but ensuring that your team members get all the credit and your firm hits its success metrics, while maintaining your visibility and growing your perceived value, remains very much a challenge to even the most seasoned professionals.
