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Free With Registration: DOI's Authority to Investigate Private Citizen Is Affirmed

A private citizen who misrepresented Manhattan Borough President Scott M. Stringer's position on the fate of two historic stables at a public hearing can be investigated by New York City, a state appeals court has ruled. The Appellate Division, First Department, unanimously held that the Department of Investigation had the authority to subpoena Virginia Parkhouse, a community group member who volunteered at a city Landmarks Preservation Commission hearing to read a statement on behalf of Mr. Stringer without his permission and then altered its contents.

DECISION OF THE DAY

Lee, plaintiff-appellant v. Astoria Generating Co. LP, defendants-respondents

APPELLATE DIVISION
FIRST DEPARTMENT
Torts

Barge Holding Electricity Turbine Not 'Vessel,' Hurt Worker's Labor Law Claims Not Precluded by LHWCA

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FEATURED COLUMNISTS

Domestic Banking

Wednesday, August 20, 2008

Clyde Mitchell, adjunct professor of banking law at Fordham University School of Law, writes that while Fannie's and Freddie's critics are glad that we finally have a strong regulator with sufficient powers in the wkae of the passage of the Housing and Economic Recovery Act of 2008, they are concerned that the "implied" guaranty by the U.S. government may have become explicit in view of the Fed's consultation rights and Treasury's expanded lending and new investment authority.

Surrogate's Practice and Proceedings

Wednesday, August 20, 2008

Colleen F. Carew, a court attorney-referee with the Surrogate's Court, Westchester County, and John J. Reddy Jr., a partner with Bekerman & Reddy, write that until recently, the interplay between a guardian of the property of an incapacitated person under Article 81 of the Mental Hygiene Law and a personal representative appointed to handle the IP's estate has been unclear.

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THE BACK PAGE

Free With Registration: 10 N.Y. Firms Listed as Best for Women

Friday, August 15, 2008

Roughly half of the law students across the country presently involved in on-campus interviews have a personal stake in this question: Exactly which large firms are best for women? Conveniently, the second annual survey by Flex-Time Lawyers and Working Mothers Magazine was released Tuesday, listing the nation's top 50 shops in terms of work-life balance, mentoring opportunities for women, retention of female attorneys and family accommodation.

More from The Back Page...

SPONSOR SPOTLIGHT

TECHNOLOGY TODAY

California Noncompetes; LinkedIn in London

Tuesday, August 19, 2008

Kelly D. Talcott, a partner at K&L Gates, reviews two employment-related cases some 5,500 miles apart that may be of particular interest to technology-focused companies. From California, a Supreme Court decision essentially does away with employee noncompete agreements in that state, and from England, a High Court ruling permits an employer to gain access to information from a former employee's LinkedIn account.

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TOP STORIES

SPONSOR SPOTLIGHT

OUTSIDE COUNSEL

Defining 'Due Diligence' Standard Under CPLR 308(4)

Wednesday, August 20, 2008

Anthony J. Centone, a sole practitioner, offers tips to to ensure that the "nail and mail" service upon the defendant in a New York civil action is upheld against any future challenge to the same.

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Real Estate - Residential/Commercial

REAL ESTATE AUCTION
Duplex Condominium in Midtown Manhattan
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Ideal for: Residential: Up to 3 bed/3bath plus office (live/work); Commercial: Prof. Offices, Medical, Studio/Gallery, Theatre/Club. Currently 2,861 sq. ft. convertible to 4,350+/- sq. ft.

Live Auction: Thursday, August 21, 2008 at 7pm.
Sealed Bids Accepted!
For more info & bidder's package,
visit www.HARRIS3.com or call (718) HARRIS-3.

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REAL ESTATE TRENDS

Solar Energy

Wednesday, August 20, 2008

John R. Nolon, a professor at Pace University School of Law, counsel to its Land Use Law Center, and director of the Kheel Center for the Resolution of Environmental Interest Disputes, and Jessica A. Bacher, an adjunct professor at the school, senior managing attorney for the Land Use Law Center, and director of its Real Estate Law Institute, write that the cooperation of local governments that enjoy nearly plenary authority to regulate private land uses is essential if solar power is to fulfill its potential to supply state energy needs and reduce greenhouse gas emissions.

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CORPORATE UPDATE

Directors' and Officers' Liability

Thursday, August 14, 2008

Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that together, CAFA and SLUSA reflect Congress' recognition that federal securities class action claims are a subject of paramount federal concern and its intent to place such claims in the federal courts. In its recent decision in Luther v. Countrywide Home Loans Servicing, LP, the Ninth Circuit affirmed the remand of 1933 act claims to state court, frustrating this clearly expressed congressional intent.

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SPECIAL REPORTS AND MAGAZINES

Labor & Employment

August 11, 2008

In this Special Section from the New York Law Journal: "Corporate Social Responsibility," "Enforcing Restrictive Covenants in Times Of Layoffs" and "Employment Issues Arising In Internal Investigations."

Free: Also, in the highlighted article from this section,
Genetic Information
James E. Kellett, a partner at Crowell & Moring, writes that to some, the Genetic Information Nondiscrimination Act of 2008 may simply be a new entry into "the alphabet soup" of statutes governing employment in the United States, or another administrative burden and another set of potential legal liabilities for employers. Looking forward, the potential interactions of GINA with various other statutes, including the ADA and the FMLA will present interesting challenges.

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