Publications
October 2008
Potential Securities Fraud: 'Storm Warnings' Clarified
By Andrew J. Entwistle, Richard W. Gonnello - New York Law Journal
August 2008
'Wagoner,' In Pari Delicto Defenses Aid Outside Auditors
By Andrew J. Entwistle and Jonathan H. Beemer - New York Law Journal
August 2008
Second Circuit Clarifies Pleading Requirements for Scienter in Securities Fraud Class Actions; No Forum Shopping in Insurance Dispute, Second Circuit Says; New York Sets Aside Verdict Imposing Alter Ego Liability
By Andrew J. Entwistle, Robert M. Travisano and Kelly A. Noto - The Business Suit, DRI
July 2008
Counsel Beware: A Few Keystrokes May Modify an Agreement
By Alix R. Rubin - The Metropolitan Corporate Counsel
May 2008
Long-Arm Statute Does Not Confer Jurisdiction on Foreign Libel Litigant; Crime-Fraud Exception Pierces Attorney-Client Privilege; New York May Seek Own Separate Arbitration
By Andrew J. Entwistle, Alix R. Rubin and Robert M. Travisano - The Business Suit, DRI
May 2008
When Your Client Drops the F-Bomb During a Deposition
By William S. Gyves - New Jersey Law Journal
May 2008
Seeking Subprime Solutions: Fed Action, Legislation and Litigation Address the Subprime Mess
By Vincent R. Cappucci and Michael Rosner - Institutional Investor Securitization Guide
February 2008
Approaches to Asset Recovery For Pension Fund Subprime Exposure
By Andrew J. Entwistle and Jonathan H. Beemer - The NAPPA Report
December 2007
Injunction Against NHL's Transfer of Website Denied; Republic of Congo's Oil Company Immune from RICO Charges; Discovery of Anonymous Bloggers Denied
By Andrew J. Entwistle, Robert M. Travisano and Michael A. McDonough - The Business Suit, DRI
September 2007
Ex Parte Communications with Former Employee May Not Merit Disqualification; Accounting Firm Not Subject to Federal Jurisdiction; Statements Made by Employer Privileged
By Andrew J. Entwistle and Robert M. Travisano - The Business Suit, DRI
September 2007
Independent Contractors Can Be Protected Under New Jersey's Whistleblower Statute
By Alix R. Rubin - The Metropolitan Corporate Counsel
May 2007
Accounting Firm Has Affirmative Duty; New York's Highest Court Rejects Insured's Single-Occurrence Theory
By Andrew J. Entwistle, Robert M. Travisano and Michael A. McDonough - The Business Suit, DRI
May 2007
Legislative and Regulatory Developments in U.S. Securitizations
By Vincent R. Cappucci and Michael H. Rosner - The 2007 Global Securitization Guide
April 2007
Broader CEPA a Mixed Blessing
By Alix R. Rubin - New Jersey Law Journal
March 2007
Pay, Performance and Proxies: The Latest in Executive Compensation
By Vincent R. Cappucci - Fund Management Legal & Regulatory Report
December 2006
Merchant Lacks Standing to Assert Antitrust Claims; Railroad Company May Not Intervene
By Andrew J. Entwistle and Robert M. Travisano - The Business Suit, DRI
August 2006
Imputation Doctrine No Longer Protects Auditors
By Andrew J. Entwistle and Robert M. Travisano - The Business Suit, DRI
August 2006
Thompson Memorandum's Attorneys' Fees Provision Held Unconstitutional; Second Circuit Breaks Ranks on Arbitration Subpoenas
By Andrew J. Entwistle and Alix R. Rubin - The Business Suit, DRI
April 2006
Shareholder Activism and the Use of Litigation to Accomplish Investment Goals
By Vincent R. Cappucci - Fund Management Legal & Regulatory Report
January 2006
Beer Supplier and Distributor Must Arbitrate Dispute Despite NY Law to the Contrary
By Andrew J. Entwistle, Alix R. Rubin and Cindy D. Salvo - The Business Suit, DRI
December 2005
Circumstantial Proof Is Sufficient
By Alix R. Rubin - New Jersey Law Journal
October 2005
Welcome Relief for Lenders: Federal Truth in Lending Act Trumps New Jersey Law
By Wiliam S. Gyves and Robert M. Travisano - New Jersey Law Journal
July 2004
Trouble No Maw: Employers Breathing Easier As Court Clarifies the Enforceability of Restrictive Covenants
By William S. Gyves - The Metropolitan Corporate Counsel
September 2002
Beyond the Sarbanes-Oxley Bill: Additional Measures to Increase Corporate Accountability and Transparency
By Vincent R. Cappucci - NAPPA Report
April 2002
Electronic Discovery Is a Fact of Life
By William S. Gyves - New Jersey Law Journal
April 2002
Defending the Deposition: Potted Plant or Savvy Litigator?
By William S. Gyves and Rachel A. Davis - New York State Bar Association Seminar on Deposition Practice and Practicalities in State and Federal Court
March 2002
Casino Law Is Consistent With Equal Protection
By Vincent R. Cappucci and James Mirro - New York Law Journal
November 2001
Anonymous "Posters" Complicate Discovery
By Stephen R. Buckingham and Alix R. Rubin - New York Law Journal
November 2001
Counsel and Computer Forensics Experts: Teaming Up to Get it Right on Electronic Discovery
By William S. Gyves and Jack Mattera - The Metropolitan Corporate Counsel
June 2001
Competing With Former Employers
By William S. Gyves - New Jersey Law Journal
Winter 2000
Distinguishing Valid Fraud Claims From Trumped Up Breach of Contract Actions
By Andrew J. Entwistle and William S. Gyves - The Business Suit, DRI
September 2000
The Duty to Disclose Inaccurate Deposition Testimony
By William S. Gyves - New Jersey Law Journal
April 2000
Navigating the Minefield of Ex Parte Communications
By William S. Gyves - New Jersey Law Journal
January 2000
New York Clarifies Its "Borrowing Statute"; New Jersey's "New Business" Rule Declared Alive and Well; Second Circuit Finds Former Corporate Executives Entitled to Fifth Amendment Privilege
By Andrew J. Entwistle and William S. Gyves - The Business Suit, DRI
Summer 1999
The Fine Line Between an Auditor's Recklessness and Intent to Deceive
By Andrew J. Entwistle and William S. Gyves - The Business Suit, DRI
Winter 1998
Red Light, Green Light, 1-2-3: Stop and Go Traffic on the Information Superhighway
By Andrew J. Entwistle and Todd Weiss - The Business Suit, DRI
Winter 1998
Due Deference - The Supreme Court Confirms the Post-Daubert Discretion of the Trial Judge as the "Gatekeeper"
By Andrew J. Entwistle and Edward L. Doherty - The Business Suit, DRI
Winter 1998
What A Web We Weave . . . Jurisdiction in Web-Related Litigation
By Andrew J. Entwistle and Edward L. Doherty - The Business Suit, DRI
September 1997
Misreading "Gustafson" Could Eliminate Liability Under Section 11
By Vincent R. Cappucci - New York Law Journal
Winter 1996
HIV Positive, Employment Negative?
By Alix R. Rubin - Comparative Labor Law Journal
August 1996
Must Reliance Be Proven to Certify a Class?
By Vincent R. Cappucci - New York Law Journal
April 1996
Conflicts Between Rule 23 and Securities Reform Act
By Vincent R. Cappucci - New York Law Journal