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The New York Law Journal


									CASES & COURTS
Power to Order Blood Drawn From Driver
Moved to Pa. Affirmed
In a case of first impression, a Fourth Department panel has ruled that a Chautauqua County
Sheriff's deputy had the legal authority to direct the withdrawal of blood from a driver in a
single-vehicle motorcycle accident even after the driver was transferred to a hospital in
Pennsylvania. "Under New York's implied consent law, any person who operates a motor vehicle
within the state is deemed to have consented to a chemical blood alcohol test conducted 'at the
direction of a police officer?having reasonable grounds to believe' such person to have been
operating a motor vehicle" while under the influence of alcohol or drugs, Justice Erin M.
Peradotto wrote for the 5-0 panel.

United States v. Rodriguez
Criminal Practice

Hostage Taking Act Does Not Apply to Fifteen-Minute Detention

White-Collar Crime
Tuesday, December 1, 2009 By Robert G. Morvillo and Robert J. Anello

Robert G. Morvillo and Robert J. Anello, partners at Morvillo, Abramowitz, Grand, Iason,
Anello & Bohrer, write: The current U.S. Supreme Court docket includes a number of important
cases that should be monitored closely by white collar practitioners. The Court is exploring the
boundaries of the federal honest services law for the first time; re-examining the Confrontation
Clause and its application to evidence sought from non-testifying forensic experts; and reviewing
the ineffective assistance of counsel standard under the Sixth Amendment in the context of what
attorneys must advise their clients about the collateral consequences of a guilty plea.

Medical Malpractice
Tuesday, December 1, 2009 By Thomas A. Moore and Matthew Gaier
Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a
partner with the firm, write that the potential ramifications of the Court of Appeals' decision in
Fasso v. Doerr were far more onerous than the opinion recognized. By maintaining the right to
recover should they not consent to settlements, health insurers were given considerable
opportunity to thwart the will of the parties to settle unless they received the amount they
demanded. The Legislature has now remedied these problems in the recently-passed Governor's
Program Bill #95.

11 Reasons Why Privacy Benefits the Bottom
Tuesday, December 1, 2009 By David Bender

David Bender, a solo practitioner, writes: In dire economic times such as these, companies are
scouring their internal functionalities seeking ways to run "leaner and meaner." Because the
influence of privacy on profit is not immediately apparent, managers searching for excisable fat
will doubtless be attracted to the privacy function, concluding that it makes no contribution to the
bottom line. But although many view privacy solely as a legal concept, it often provides
important commercial benefits.

In the Wake of the 'Roberts' Decision, What
Tuesday, December 1, 2009 By David S. Hershey-Webb and William J. Gribben

David S. Hershey-Webb and William J. Gribben, partners at Himmelstein, McConnell, Gribben,
Donoghue and Joseph, write that a number of issues remain unresolved by the Court of Appeals'
decision in Roberts v. Tishman Speyer Properties, LP, et al., including the issue of retroactivity,
the regulatory status of apartments that were deregulated by landlords prior to receipt of J-51
benefits, the regulatory status of "market" apartments in buildings where the J-51 benefits have
expired and the measurement of damages.

Zoning Boards May Weigh Deceitful
Conduct, Panel Rules
Wednesday, November 25, 2009 By Anthony S. Guardino

Anthony S. Guardino, a partner with Farrell Fritz, discusses a recent Second Department
decision where the court had occasion to consider, given the amendments to the Town and
Village Laws passed 20 years ago to bring a measure of statewide consistency to the variance
application and review process, whether ongoing and deceitful representations by a variance
applicant during earlier interaction with a planning board, and with a zoning board itself,
permitted the denial of requested area variances on that ground alone.

Corporate Securities
Thursday, November 19, 2009 By John C. Coffee Jr.

John C. Coffee Jr., the Adolf A. Berle professor of law at Columbia University Law School and
director of its center on corporate governance, writes: "The Supreme Court has granted certiorari
in, and will soon resolve, three related cases, all involving the scope of 'honest services' fraud
under 18 U.S.C. §1346. By itself, this is unusual, because the Court usually takes only a single
case and remands related cases for reconsideration in light of its decision. Also unusual is the
fact that the Court is reconsidering the scope of mail and wire fraud, as §1346 was passed by
Congress as a direct rebuff to the Supreme Court following the Court's last attempt (two decades
ago) to trim the ineffably broad scope of the mail and wire fraud statutes."

Corporate Governance
Monday, November 30, 2009

In this Special Section from the New York Law Journal: "Failure of Oversight Claims Bar Still
High," "Perspective: Pushing Back on Pressure for Independent Board Chairs" and "Say on Pay:
Less May Be More."

Also, in the highlighted article from this section,

Focus Renewed on Risk Management
Martin Nussbaum, a partner at Dechert, writes: "Every well publicized financial scandal and
crisis brings with it a new focus, applied with the benefit of hindsight. The steep losses of
shareholder value and, indeed, the failure of major corporations that have been hallmarks of the
recent financial crisis have caused renewed focus on risk management, and the role of boards and
key committees overseeing the risks that their businesses take."

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