Law School Record, Vol. 48, No. 1 (Fall 2001) Law School Record Editors
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Ethical and Other Recent Developments in Financial Regulation and Litigation
ETHICAL AND OTHER RECENT DEVELOPMENTS IN NSTITUTE FINANCIAL I REGULATION AND LITIGATION Prepared in connection with a Continuing Legal Education course presented CLE at New York County Lawyers’ Association, 14 Vesey Street, New York, NY scheduled for May 24, 2011. Program Co-Sponsor: NYCLA’s Federal Courts Committee PROGRAM CHAIR AND FACULTY: Vincent T. Chang, Wollmuth Maher & Deutsch LLP FACULTY: Gordon Eng, Debevoise & Plimpton LLP NYCLA Craig Carpenito, Alston + Bird, LLP Sarah Warren, Fried, Frank, Harris, Shriver & Jacobson LLP 3 TRANSITIONAL AND NON-TRANSITIONAL MCLE CREDITS: This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 3 Transitional and Non-Transitional credit hours; 1.5 Ethics; 1.5 Professional Practice This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 3 hours of total CLE credit. Of these, 1.5 qualify as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law. Information Regarding CLE Credits and Certification Ethical and Other Recent Developments in Financial Litigation May 24, 2011, 6:00PM to 9:00PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. -
BROWN & CONNERY, LLP 360 Haddon Avenue PO Box 539
MER-L-001007-19 05/21/2019 2:29:35 PM Pg 1 of 251 Trans ID: LCV2019892521 William M. Tambussi (Att’y No. 031431983) Michael Critchley (Att’y No. 251821972) BROWN & CONNERY, LLP CRITCHLEY, KINUM & DENOIA, LLC 360 Haddon Avenue 75 Livingston Avenue P.O. Box 539 Roseland, NJ 07068 Westmont, NJ 08108 (973) 422-9200 (856) 854-8900 Michael Chertoff (Att’y No. 006361990) Herbert J. Stern (Att’y No. 259081971) COVINGTON & BURLING LLP STERN, KILLCULLEN & RUFOLO, LLC One CityCenter 325 Columbia Turnpike, Suite 110 850 Tenth Street, NW Florham Park, NJ 07932 Washington, DC 20001 (973) 535-1900 (202) 662-5060 Kevin H. Marino (Att’y No. 023751984) MARINO, TORTORELLA & BOYLE, P.C. 437 Southern Boulevard Chatham, NJ 07928 (973) 824-9300 Attorneys for Plaintiffs GEORGE E. NORCROSS; CONNER STRONG SUPERIOR COURT OF NEW JERSEY & BUCKELEW, LLC; NFI, L.P.; THE LAW DIVISION: MERCER COUNTY MICHAELS ORGANIZATION, LLC; COOPER UNIVERSITY HEALTH CARE; and DOCKET NO: MER-L- -19 PARKER McCAY, P.A., Plaintiffs, vs. COMPLAINT PHILIP DUNTON MURPHY, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF NEW JERSEY; THE TASK FORCE ON THE EDA’S TAX INCENTIVES; RONALD K. CHEN, IN HIS CAPACITY AS THE GOVERNOR’S DESIGNEE UNDER N.J.S.A. 52:15-7; WALDEN MACHT & HARAN LLP; JIM WALDEN; and QUINOÑES LAW PLLC, Defendants, and THE NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY, Nominal Defendant. Plaintiffs, George E. Norcross (“Norcross”); Conner Strong & Buckelew, LLC (“Conner MER-L-001007-19 05/21/2019 2:29:35 PM Pg 2 of 251 Trans ID: LCV2019892521 Strong”); NFI, L.P. -
Legal Malpractice
Legal Malpractice Professional Liability Claims, Litigation Strategies, and Attorney Disciplinary Procedures Friday, March 24, 2017 Friday, March 10, 2017 New York City | Live & Webcast Westchester | Live Program Friday, March 24, 2017 Friday, March 17, 2017 Albany | Live Program Rochester | Live Program Friday, March 31, 2017 Long Island | Live Program 4.0 MCLE Credits 3.0 Ethics | 1.0 Law Practice Management Interactive Video Conference Formats are approved for MCLE Credit for all attorneys, including newly admitted. www.nysba.org/LegalMalpractice2017Materials Sponsored by the Law Practice Management Committee, the Torts, Insurance & Compensation Law Section and the Trial Lawyers Section of the New York State Bar Association. This program is offered for educational purposes. The views and opinions of the faculty expressed during this program are those of the presenters and authors of the materials. Further, the statements made by the faculty during this program do not constitute legal advice. Copyright © 2017 All Rights Reserved New York State Bar Association Program Description Lawsuits against lawyers arising from errors and/or omissions in the performance of legal services are on the rise. It is now an integral part of a law firm’s business practice to evaluate its legal risk and malpractice insurance needs. This program is designed to educate attorneys on how to prosecute and/or defend a legal malpractice action. In addition, this program will educate attorneys about their legal malpractice exposures, what they should do in the event that a lawsuit is filed against them, and what they should do when situations arise that indicate that a legal malpractice claim is likely. -
When Law Firms Go Bankrupt — What Secured Lenders Can Learn from the Dewey Bankruptcy
PLACE PDF @ 88% REPRINTED FROM THE NOV/DEC 2012 ISSUE, VOL. 10, NO. 8 BANKRUPTCY UPDATE When Law Firms Go Bankrupt — What Secured Lenders Can Learn From the Dewey Bankruptcy BY JEFFREY A. WURST, ESQ When law firm Dewey & LeBoeuf filed for Chapter 11 protection, it was obligated to its secured creditors, among many others, led by JP Morgan on a $75 million line of credit facility. Jeffrey Wurst explains what led to Dewey’s collapse and offers advice regarding key indicators of a potential creditor’s fiscal irresponsibility. ictims of bankruptcy come in many forms. Dewey filed for bankruptcy in the U.S. Bankruptcy They include the debtors themselves, as well Court for the Southern District of New York. Many theo- V as their secured and unsecured creditors. When ries abound as to the causes of Dewey’s collapse, but, law firms fall into bankruptcy, the secured lenders are essentially, the crux appears to be that Dewey guaran- often among the hardest hit. Typically, these secured teed an unsustainable amount of compensation to both lenders take security interests in all assets of the law newly acquired and longstanding partners. Hoping to firm when funding operations. The assets with the generate enormous fees off these highly compensated most value tend to be the cash and cash equivalents partners, Dewey subsequently took on debt to fund the and the accounts receivable. The problem with many failing business. However, the economic impact of the recent law firm bankruptcies is that cash on hand is recession forced Dewey to consolidate its debt. Further JEFFREY A. -
The New Yorker
A NNALS OF LAW THE COLLAPSE How a top legalfirm destroyed itse(f BY JAMES B. STEWART n an April morning in Manhattan A group of Dewey & LeBoeuf LLP part in his briefcase, and walked to the eleva last year, Steven Davis, the former ners has asked the New York district attor tor. He never returned. O ney to bring c(iminal charges against the chairman ofthe law firm ofD ewey & Le chairman of the totrering firm, which could A month later, on May 28, 2012, Boeuf, reached for his ringing cell phone. dose its doors as early as next week, a source Dewey & LeBoeuf.filed for bankruptcy. He was sitting in the back seat of a taxi, familiar with the matter said Thursday. The Times called it the largest law-firm The source told Law360 that an un on the way downtown to renew his pass disclosed number of partners from Dewey collapse in United States history. The port. Dewey & LeBoeuf, which was often asked the New York County district attorney firm embodied a business strategy that referred to in the press as a global "super to charge the chairman, Steven H. Davis, has begun to supplant the traditional part with embezzlement, wire fraud, mail fraud finn," was largely his creation. In 2007, he and other criminal activity. nership values of loyalty and collegiality had engineered the merger ofa profitable with an insistence upon expansion: by but staid midsized specialty firm- Le Davis immediately returned to his merging with another firm (and a Boeuf, Lamb, Greene &MacRae-with office, on the forty-third floor of a sky different culture) or by offering unwieldy a less profitable but much better- known scraper on Sixth Avenue near Fifty-sec financial packages to lure partners from firm, Dewey Ballantine. -
CLIENTS: PARTIAL LIST 115-87 Owners Corporation '21' Club Inc
CLIENTS: PARTIAL LIST 115-87 Owners Corporation '21' Club Inc. Aby Kalimian Akin Gump Strauss Hauer & Feld LLP Alan Fox, Esq. Alfa Development Management, LLC Alice Alexiou Alliance for Downtown New York Alston & Bird, LLP Alterman & Boop, LLP American Broadcasting Companies, Inc. American Telephone & Telegraph Co. Amerimar Enterprises, Inc. Arent Fox Kintner Plotkin & Kahn, PLLC Arlen Realty & Development Corporation Arnold S. Penner Asher Dann Association of the Bar of New York Atco Properties & Management, Inc. Atlan Management Corporation Bachner, Tally, Polevoy & Misher Backenroth, Frankel & Krinsky, LLP Balber Pickard Battisoni Baldwin & Haspel, LLC Bally Total Fitness Banif Mortgage Barnard Charles Real Estate Bernard Spitzer, P.E. Bass Real Estate Battery Park City Authority Battle Fowler Beatie and Osborn LLP Becker Ross Stone DeStefano & Klein Ben Heller Blank Rome LLP BLDG Management Company, Inc. Blesso Properties Bonjour Capital Boston Properties Boulanger, Hicks & Churchill Boys Town Jerusalem Fndtn America, Inc. Brack Capital Real Estate-USA Brandt, Steinberg & Lewis LLP Bridge Business & Property Brokers, Inc. Brill & Meisel Brown & Wood Brown, Raysman & Millstein Bryan Cave, LLP Buckingham Hotel CLIENTS: PARTIAL LIST (CONTINUED) Buckingham Real Estate C. Lawrence Paine, LLC C.H. Martin Calvary Baptist Church Cambridge Systematics, Inc. Carol Management Company Carter, Ledyard & Milburn LLP CBS, Inc. Center for Jewish History Chatwal Hotels & Restaurants, Inc. Children’s Aid Society Children's Oncology Society of New York CIGNA Real Estate Investors Citi Urban Management Corporation City Center Real Estate, Inc. City of New Rochelle Clarendon Management Corporation Club Quarters Coach, Inc. Coalition for the Homeless Cohen Brothers Realty Corporation Cohen Hennessey Bienstock & Rabin P.C. Cohen Tauber Spievack & Wagner, P.C. -
The Jewish Law Firm: Past and Present
University of Denver Digital Commons @ DU Sturm College of Law: Faculty Scholarship University of Denver Sturm College of Law 2014 The Jewish Law Firm: Past and Present Eli Wald Follow this and additional works at: https://digitalcommons.du.edu/law_facpub Part of the Organizations Law Commons Recommended Citation HLS Center on the Legal Profession Research Paper No. 2015-9 This Paper is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Sturm College of Law: Faculty Scholarship by an authorized administrator of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. The Jewish Law Firm: Past and Present Publication Statement Copyright held by the author. User is responsible for all copyright compliance. This paper is available at Digital Commons @ DU: https://digitalcommons.du.edu/law_facpub/28 THE JEWISH LAW FIRM: PAST AND PRESENT Eli Wald1 I. Introduction The rise and growth of large Jewish law firms in New York City during the second half of the twentieth century is nothing short of an astounding success story. 2 As late as 1950, there was not a single large Jewish law firm in town. By the mid-1960s, six of the largest twenty law firms were Jewish, and by 1980, four of the largest ten law firms were Jewish firms.3 Moreover, the accomplishment of these Jewish firms is especially striking because, while the traditional large White Anglo-Saxon Protestant (“WASP”) law firms also grew at a fast rate during this period, the Jewish firms grew twice as fast, and they did so in spite of explicit discrimination. -
Law Firms and Associate Careers: Tournament Theory Versus the Production-Imperative Model
Law Firms and Associate Careers: Tournament Theory Versus the Production-Imperative Model Kevin A. Kordana Pray look better, Sir, quoth Sancho; those things yonder are no Giants, but Wind-mills .... The career of an associate in a large law firm has been portrayed in stark Darwinian terms: Only the fittest survive the "tournament" that is established by the firm's partners. Such is the tale told by Marc Galanter and Thomas Palay in Tournament of Lawyers: The Transformation of the Big Law Firm. This "tournament theory" explanation for the structure of large law firms has been widely adopted, and has received surprisingly little criticism.' 1. MIGUEL DE CERVANTES, DON QUIXOTE DE LA MANCHA 44 (Peter Motteux trans.. revised by John Ozell, 1950) (1605). The Spanish text reads: Mire vuestra merced--respondi6 Sancho-quc aquellos que allf se parecen no son gigantes, sino molinos de viento.. .- I MIGUEL DE CERVANTES. DON QUUOTE DE LA MANCHA 198-99 (Angel Basanta ed., 1985) (1605). 2. MARC GALANTER & THOMAS PALAY, TOURNAMENT OF LAWYERS: THE TRANSFORMAliON OF "IE BIG LAW FIRM (1991) [hereinafter GALANTER & PALAY, TOURNAMIENT]; see also Marc Galanter & Thomas M. Palay, Why the Big Get Bigger: The Promotion-to-PartnerTournament and the Growth of Large Law Firms, 76 VA. L. REV. 747 (1990) [hereinafter Galanter & Palay. Big Get Bigger). Compare GAI.ANTER' & PALAY, TOURNAMENT, supra, at 100 ("IThe firm holds a tournament in which all the associates in a particular 'entering class' compete and the firm awards the prize of partnership to the top ct percent of the contestants.") with CHARLES DARWIN, ON THE ORIGIN OF SPECIES 170 (facsimile of Istd. -
History of the U.S. Attorneys
Bicentennial Celebration of the United States Attorneys 1789 - 1989 "The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor– indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one." QUOTED FROM STATEMENT OF MR. JUSTICE SUTHERLAND, BERGER V. UNITED STATES, 295 U. S. 88 (1935) Note: The information in this document was compiled from historical records maintained by the Offices of the United States Attorneys and by the Department of Justice. Every effort has been made to prepare accurate information. In some instances, this document mentions officials without the “United States Attorney” title, who nevertheless served under federal appointment to enforce the laws of the United States in federal territories prior to statehood and the creation of a federal judicial district. INTRODUCTION In this, the Bicentennial Year of the United States Constitution, the people of America find cause to celebrate the principles formulated at the inception of the nation Alexis de Tocqueville called, “The Great Experiment.” The experiment has worked, and the survival of the Constitution is proof of that. -
Managing Through Law Firm Crisis
LEADING IN THE FACE OF LAW FIRM CRISIS An Experiential Guidebook For Our Times The COVID-19 pandemic has had an enormous impact on businesses world-wide. Law firms have been no exception. A relative handful of firms are enjoying an increase in demand for their services. For these firms, primary challenges relate to maintaining a safe work environment whether through working from home or modifying personal interaction at the office. For many firms, however, the business disruption includes a decline in work (and corresponding revenue) to an unknown degree for an unknown duration. Many of those firms find themselves in crisis. The following case studies, analysis, observations are offered as historical perspective on the role of leadership in the midst of crisis. In particular, we’ve zeroed in on the challenges related to maintaining stability and liquidity that many law firm leaders now find themselves waking to each day. 2 of 41 WHAT HAPPENED? EXPLORING THE WAKE OF MAN-MADE DISASTERS It seems that scarcely a month passes without news of immeasurable catastrophe in the wake of natural disaster. Tornadoes, hurricanes, earthquakes, and tsunamis can, in the blink of an eye, alter life in unimaginable ways. Aware of the potential consequences, we tend to keep a watchful eye for any early warning signs of such events. And then there are those disasters that are of our own making. Oil spills, breached levees, and economic shell games can pack an equally heavy punch. The tragedy, of course, is that these disasters bear our fingerprints and are to some degree avoidable. -
Talent Flight As a Run on the Firm: a Study of Post-Merger Integration at the Dewey-Lebeouf Law Firm
IRLE IRLE WORKING PAPER #120-14 November 2014 Talent Flight as a Run on the Firm: A Study of Post-Merger Integration at the Dewey-LeBeouf Law Firm Ming D. Leung and Hayagreeva Rao Cite as: Ming D. Leung and Hayagreeva Rao. (2014). “Talent Flight as a Run on the Firm: A Study of Post-Merger Integration at the Dewey-LeBeouf Law Firm”. IRLE Working Paper No. 120-14. http://irle.berkeley.edu/workingpapers/120-14.pdf irle.berkeley.edu/workingpapers TALENT FLIGHT AS A RUN ON THE FIRM: A STUDY OF POST-MERGER INTEGRATION AT THE DEWEY-LEBEOUF LAW FIRM Ming D. Leung Haas School University of California at Berkeley Hayagreeva Rao Graduate School of Business Stanford University Working Paper. Please do not quote. We thank Chris Rider for generously allowing access to some of his data. 1 TALENT FLIGHT AS A RUN ON THE FIRM: A STUDY OF POST-MERGER INTEGRATION AT THE DEWEY-LEBEOUF LAW FIRM ABSTRACT Although collective turnover is widespread, its consequences have seldom been studied. We focus on an extreme case - collective turnover after a merger between privately held firms, and argue that a cascade of exits triggers a loss of confidence in the firm, leading to subsequent exits. We show that it is not the loss of proficient talent that is a key signal of the loss of confidence, instead, it is the polarization of exits between the employees of the acquiring and acquired firm that signals uncertainty and jumpstarts other exits. We suggest that the momentum of ‘news’ after a merger affects confidence in the firm, and distinguish between the momentum of ‘bad news’ and the momentum of ‘good news. -
CLIENTS: PARTIAL LIST 115-87 Owners
CLIENTS: PARTIAL LIST 115-87 Owners Corporation '21' Club Inc. Aby Kalimian Aion Partners Akin Gump Strauss Hauer & Feld LLP Alan Fox, Esq. Alf Naman RE Advisors Ltd. Alfa Development Management, LLC Alice Alexiou Alliance for Downtown New York Alston & Bird, LLP Alterman & Boop, LLP American Broadcasting Companies, Inc. American Telephone & Telegraph Co. Amerimar Enterprises, Inc. Amtrak Anderson & Ochs, LLP Arent Fox Kintner Plotkin & Kahn, PLLC Arlen Realty & Development Corporation Arnold S. Penner Aronson Mayefsky & Sloan, LLP Asher Dann Association of the Bar of New York Atco Properties & Management, Inc. Atlan Management Corporation Bachner, Tally, Polevoy & Misher Backenroth, Frankel & Krinsky, LLP Baker Hostetler Baker Hostetler LLP Balber Pickard Battisoni Baldwin & Haspel, LLC Bally Total Fitness Banif Mortgage Barnard Charles Real Estate Bass Real Estate Battery Park City Authority Battle Fowler Beatie and Osborn LLP Becker Ross Stone DeStefano & Klein Ben Heller Benjamin Beechwood Tides LLC Bernard Spitzer, P.E. Blank Rome LLP BLDG Management Company, Inc. Blesso Properties Bonjour Capital Boston Properties Boulanger, Hicks & Churchill Boys Town Jerusalem Fndtn America, Inc. Brack Capital Real Estate-USA Brandt, Steinberg & Lewis LLP Bridge Business & Property Brokers, Inc. Brill & Meisel Brown & Wood Brown Galvalas & Fromm LLP Brown, Raysman & Millstein Bryan Cave, LLP Buckingham Hotel Buckingham Real Estate C. Lawrence Paine, LLC C.H. Martin Calvary Baptist Church Cambridge Systematics, Inc. CAN Continental Casualty Company Carol Management Company Carter, Ledyard & Milburn LLP CBS, Inc. Center for Jewish History Chatwal Hotels & Restaurants, Inc. Children’s Aid Society Children's Oncology Society of New York CIGNA Real Estate Investors Citi Urban Management Corporation City Center Real Estate, Inc.