BigLaw Lawyers on Twitter


BigLaw Lawyers on Twitter

This is Securities Docket’s running list of BigLaw Lawyers on Twitter. The loose criteria for inclusion is anyone currently or formerly with a major law firm who is posting on Twitter primarily about business law topics.

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New HUD-1 Form


RESPA – Real Estate Settlement Procedures Act Home Page – HUD

From HUD:

For the first time in more than 30 years, the U.S. Department of Housing and Urban Development has issued long-anticipated mortgage reforms that will help consumers to shop for the lowest cost mortgage and avoid costly and potentially harmful loan offers. HUD will require, for the first time ever, that lenders and mortgage brokers provide consumers with a standard Good Faith Estimate (GFE) that clearly discloses key loan terms and closing costs. HUD estimates its new regulation will save consumers nearly $700 at the closing table.

RESPA Final Rule
Good Faith Estimate
HUD-1
HUD1-A
Regulatory Impact Analysis

FINDLAW:Daily Opinion Summaries for New York Court of Appeals – 11/25/08


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Court of Appeals Rules on “Attorney Approval” Clauses in Real Estate Contracts:

CONTRACTS, ETHICS & PROFESSIONAL RESPONSIBILITY, PROPERTY LAW & REAL ESTATE

Moran v. Erk, No. 176
Where a real estate contract contains an attorney approval contingency providing that the contract is “subject to” or “contingent upon” attorney approval within a specified time period and no further limitations on approval appear in the contract’s language, an attorney for either party may timely disapprove the contract for any reason or for no stated reason. Judgment for plaintiffs is reversed.

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CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Hawkins, No. 175
In consolidated but otherwise unrelated criminal appeals, both convictions are affirmed where defendants did not properly preserve for appellate their challenges to the legal sufficiency of the evidence.

CRIMINAL LAW & PROCEDURE, EVIDENCE

People v. Jean-Baptiste, No. 174
Reduction of conviction to manslaughter in the second degree is affirmed where, because the Appellate Division properly applied the present standard for depraved indifference murder, the evidence introduced at trial was not legally sufficient to establish defendant’s guilt of depraved indifference murder.
CRIMINAL LAW & PROCEDURE

People v. Castellano, No. 173
Order affirmed where defendant’s argument that the evidence presented at trial was insufficient to support his conviction for depraved indifference murder is unpreserved for this Court’s review.
CRIMINAL LAW & PROCEDURE

People v. George, No. 172
Order of the Appellate Division should be affirmed, where contrary to the People’s contention, defendant properly preserved for our review his challenge to the legal sufficiency of his depraved indifference murder conviction.
INSURANCE LAW, PROFESSIONAL MALPRACTICE

Continental Casualty Co. v. Stradford, No. 180
In an action to determine whether plaintiff-insurer timely disclaimed coverage in defense of two dental malpractice actions on the basis of defendant’s non-cooperation, grant of summary judgment to defendants is reversed where issues of fact remain with respect to the timeliness of plaintiff’s disclaimer.

FINDLAW:Daily Opinion Summaries for New York Court of Appeals – 11/24/08


ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, LABOR & EMPLOYMENT LAW

In the Matter of Gormley v. New York State Ethics Commission, No. 162
Imposition of a civil penalty under Public Officers Law section 73(18) does not require the New York State Ethics Commission to prove that petitioner knew the conduct was prohibited and acted intentionally to violate the statute. 
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CIVIL PROCEDURE

Those Certain Underwriters at Lloyds, London v. Occidental Gems, Inc., No. 171
Order denying plaintiffs’ motion to confirm a special referee’s report, which recommended that defendant be compelled to produce a non-U.S. resident for oral deposition in New York and testimony and documents relating to a foreign arbitration in which defendant is not a party, is affirmed where evidence did not support the special referee’s recommendation.

CRIMINAL LAW & PROCEDURE

People v. MacShane, No. 220 SSM 40
Order of the Appellate Term is affirmed where defendant failed to meet his burden of establishing a prima facie case of discrimination under step one of the three-step protocol in Batson v Kentucky (476 US 79 [1986]).
CRIMINAL LAW & PROCEDURE

People v. Naradzay, No. 188
Convictions for attempted murder in the second degree, attempted burglary in the first degree, and criminal possession of a weapon in the fourth degree are all affirmed over defendant’s challenges to the legal sufficiency of the proof supporting his attempted burglary and murder convictions.
CRIMINAL LAW & PROCEDURE

People v. Johnson, No. 166
In a child pornography case, the court’s application of the Board of Examiners of Sex Offenders risk Factor 7, indicating an increased level of risk when a crime “was directed at a stranger,” is affirmed over defendant’s claim that Factor 7 be interpreted in a way that makes it inapplicable to his case, where the factor’s plain language precludes such a result.
LABOR & EMPLOYMENT LAW

Helmsley-Spear, Inc. v. Fishman, No. 164
In a nuisance action brought by managers of the Empire State Building against a union that was loudly picketing and drumming outside the property, the private nuisance cause of action is not preempted by the National Labor Relations Act (NLRA), as loud drumming is not an “integral part of the legislative scheme” of the NLRA. Matter remanded for consideration of issues raised but not determined. .

FINDLAW:Daily Opinion Summaries for New York Court of Appeals – 11/21/08



BANKING LAW, CIVIL PROCEDURE, INTERNATIONAL LAW

Morgenthau v. Avion Res. Ltd., No. 167
In a civil forfeiture action seeking to obtain proceeds of an allegedly illegal international monetary transfer scheme, dismissal of complaint is reversed where service of process pursuant to CPLR 313 on defendants in Brazil was sufficient to confer personal jurisdiction, and plaintiffs were not compelled to serve defendants in accordance with Brazil’s service requirements via letters rogatory.

 
CIVIL PROCEDURE, CONTRACTS, PROPERTY LAW & REAL ESTATE, TAX LAW

White House Manor, Ltd. v. Benjamin, No. 155
In an unjust-enrichment action arising out of plaintiff’s sale of land to defendant, and a third party’s subsequent entry into a conditional contract to purchase that land, summary judgment entered against the third party is reversed where: 1) a stipulation concerning the third party’s obligation to pay defendants’ pro rata share of property taxes could be enforced by the court; but 2) no party had moved for summary judgment under CPLR 3212; and 3) issue had not been joined by the third party, and summary judgment against the third party regarding claims for breach of the contract was therefore inappropriate.

 
CRIMINAL LAW & PROCEDURE, ETHICS & PROFESSIONAL RESPONSIBILITY, EVIDENCE

People v. Ennis, No. 168
In a case where defendant was convicted on drug-related conspiracy and assault charges, denial of defendant’s post-conviction motion to vacate his convictions on Brady and ineffective assistance of counsel grounds is affirmed where: 1) the Brady violation did not contribute to the guilty verdict, since defendant’s counsel was aware during the trial of the information withheld by prosecutors; 2) no cognizable conflict of interest arose from the fact that defendant’s attorney was aware of the exculpatory evidence, but did not act on it out of a desire not to reveal his source for the information; and 3) defense counsel was not ineffective for failing to act on the exculpatory information, because there would ultimately have been no way for defendant to present the information to the jury.

 
FAMILY LAW, GOVERNMENT BENEFITS, HEALTH LAW

In the Matter of Abraham XX, No. 165
In a petition seeking repayment by the state of funds in excess of a Medicaid lien, summary judgment for the state is affirmed where the state was entitled to recover from the assets of a Supplemental Needs Trust the total medical assistance paid on behalf of the recipient.

 
INJURY AND TORT LAW, INSURANCE LAW, PROPERTY LAW & REAL ESTATE

Briggs Ave. LLC v. Ins. Corp. of Hannover, No. 163
In a declaratory-judgment action seeking to compel defendant-insurer to defend a personal-injury action brought against plaintiff-insured, upon a question certified by the U.S. Court of Appeals for the Second Circuit, the court answers that a liability insurer is entitled to disclaim coverage when the insured, because of its own error in failing to update the address it had listed with the Secretary of State, did not comply with a policy condition requiring timely notice of a lawsuit. .

PCWORLD: OLPC ‘Give 1 Get 1′ Laptop Program Now Available on Amazon


OLPC ‘Give 1 Get 1′ Laptop Program Now Available on Amazon – PC World

The One Laptop Per Child (OLPC) association launched its Give 1 Get 1 program for a second time, allowing people to buy one of their iconic green mini-laptops and donate one to a child in the developing world at the same time for just US$399.

This year, OLPC teamed up with Amazon for smoother ordering and distribution.

Amazon will begin taking orders for the XO laptops [today]. The devices will be shipped within 30-days in the U.S. or longer for people ordering from the U.K. or other parts of the world.
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There are several ways to participate in the Give 1 Get 1 program.

In Give 1 Get 1, people pay US$399 for two XO laptops, one sent to a child in a developing country and the other sent to the donor. Those who don’t want an XO can also simply give as many laptops as they want at $199 each.

People in the U.S. can order at http://www.amazon.com/xo.

People outside the U.S. can order at http://www.amazon.co.uk/xo.

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