Articles

PUBLISHED ARTICLES

Our partners have published well over three dozen law review articles, and well over a hundred articles with other journals and publishers.  Space considerations prevent us from listing them all, so the following is a non-exhaustive list of where our partners have been published.  We suggest you access the “author indexes” of these publications to locate the specific articles or search public or commercially available databases to locate all of our partners’ published works.

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ArticleAttribution
Third Circuit Defines “Received” For Section 503(b)(9) Claims
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Reprinted with permission from the October 2017 issue of LJN’s The Bankruptcy Strategist Newsletter. (c) 2017 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
Amicus Curiae Brief in Support of Respondent Securities & Exchange Commission In Raymond J. Lucia v. S.E.C., No. 17-130 (2017).
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United States Supreme Court, September 2017 (brief features Challenging SEC ALJs article for Securities Regulation Law Journal found below). All rights reserved.
Americold, Diversity Jurisdiction, and Modern Business Entities: Reconciling Two Centuries of Supreme Court Precedent with Today's Domestic and Global Forms of Business Organizations
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As published in the Journal of International Business & Law, Spring 2017. All rights reserved.
The Upcoming Role of CFIUS In The Westinghouse Bankruptcy
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Reprinted with permission from the New York Law Journal, May, 2017 Copyright 2017 ALM Media Properties, LLC. all rights reserved. Law Journal Newsletters. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit almreprints.com
Westinghouse Chapter 11 Bankruptcy: National Security Also an Issue
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As published in Natural Gas & Electricity, Copyright 2017, June, Wiley Periodicals, Inc. All rights reserved.
Supreme Court Precedents Tested Again by NY Zero-Emission Regs
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As published in Natural Gas & Electricity, Copyright 2017, March, Wiley Periodicals, Inc. All rights reserved.
Bankruptcy Code, International Trade Treaty Collide over Expense Status
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Reprinted with permission from the October 2016 issue of LJN’s The Bankruptcy Strategist Newsletter. (c) 2016 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
Supremes Affirm Supremacy Clause but Point Out Alternatives for States
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As published in Natural Gas & Electricity, Copyright 2016, July, Wiley Periodicals, Inc. All rights reserved.
As Oneok Drew Regulatory Line for Gas, So Does EPSA for Electricity
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As published in Natural Gas & Electricity, Copyright 2016, May, Wiley Periodicals, Inc. All rights reserved.
Challenging the Power of SEC ALJs: A Constitutional Crisis or a More Nuanced Approach?
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Copyright 2015 by Thomson Reuters. All rights reserved. Reprinted by permission of Thomson Reuters/West from Securities Regulation Law Journal.
Rule 68 Offers of Judgment: Supreme Court Invites the Next Case
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Reprinted with permission from the New York Law Journal, March, 2016 ©2016 ALM Media Properties, LLC. All rights reserved. Law Journal Newsletters. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit almreprints.com.
Amicus Curiae Brief In Support of Petition for Writ of Certiorari In ACT, Inc., vs. Bais Yaakov of Spring Valley, No. 15-659 (2015)
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United States Supreme Court, December 2015 (brief features Rule 68 article for New York Law Journal found below). All rights reserved.
Supreme Court Clarifies Federal Versus State Authority Over Natural Gas
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This is a version of an article published in Natural Gas & Electricity ©2016 January, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
Bankruptcy Finding for Utility Threatens Entire Financial System
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This is a version of an article published in Natural Gas & Electricity ©2015 September, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
Applying Rule 68 on Offers of Judgment to Class Actions
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Reprinted with permission from the New York Law Journal, June, 2015 ©2015 ALM Media Properties, LLC. All rights reserved. Law Journal Newsletters. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit almreprints.com.
A Tale of Two LLPs Sets a New Precedent. Corporation or Partnership?
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Reprinted with permission from the March 2015 issue of LJN’s The Bankruptcy Strategist Newsletter. (c) 2015 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
New York’s Shortsightedness Will Cost the State and the Nation
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This is a version of an article published in Natural Gas & Electricity ©2015 March, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
Warrantless Blood Tests, Drunk Driving, and “Exigent Circumstances”: Preserving the Liberty Guarantee of the Fourth Amendment While Evolving the Exceptions to the Warrant Requirement
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As published in The Review of Litigation, University of Texas School of Law, Winter 2015. All rights reserved.
Book Review: "The Mother Court: Tales of Cases That Mattered in America's Greatest Trial Court," by James D. Zirin, Esq.
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As published in The Nassau Lawyer, February 2015. All rights reserved.
New York Fracking Outlook Still Gloomy
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This is a version of an article published in Natural Gas & Electricity ©2015 January, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
Debtor Fails in Attempt to Use Bankruptcy for Fracking Profits
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This is a version of an article published in Natural Gas & Electricity ©2014 August, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
New Yorkers Fight State Delays in Resolving Fracking Controversy
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This is a version of an article published in Natural Gas & Electricity ©2014 July, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
"Hell or High Water” Clause: Even Superstorm Sandy Cannot Wash It Away
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Reprinted with permission from the April 2014 issue of LJN’s Equipment Leasing Newsletter. (c) 2014 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
Amicus Curiae Brief In Support of Petition for Writ of Certiorari In Ortiz-Zape vs. North Carolina, No. 13-633 (2013)
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United States Supreme Court, December 2013 (brief features Confrontation Clause article for Baylor Law Review found below). All rights reserved.
Book Review: "Circle of Friends," by Charles Gasparino
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As published in The Nassau Lawyer, October 2013. All rights reserved.
Confronting The “Crucible of Cross-Examination”: Reconciling The Supreme Court’s Recent Edicts on The Sixth Amendment’s Confrontation Clause
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As published in the Baylor Law Review, Spring 2013. All rights reserved.
Facebook and Lessons from the Statute of Frauds
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As published in The Nassau Lawyer, April 2013. All rights reserved.
Federal Court: Fracking Disputes Are Not a Force Majeure
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This is a version of an article published in Natural Gas & Electricity ©2013 March, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
"A Deal is a Deal," Says the Fifth Circuit
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This is a version of an article published in Natural Gas & Electricity ©2013 February, Wiley Periodicals, Inc., a Wiley company. All rights reserved.
Book Review: "The Law of Superheroes," by James Daily and Ryan Davidson
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As published in The Nassau Lawyer, February 2013. All rights reserved.
Book Review: "Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices," by Noah Feldman
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As published in The Nassau Lawyer, October 2012. All rights reserved.
Pennsylvania Takes Lead in Taxing and Regulating Fracking
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This is a version of an article published in Natural Gas & Electricity © 2012, April, Wiley Periodicals, Inc.
Football and Antitrust Law: American Needle v. NFL and Its Meaning for Combinations in Restraint of Trade and the Rule of Reason in the 21st Century
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Winner, Student Writing Competition for the Winter of 2011, National Law Review; as published in The National Law Review (December 1, 2011). All rights reserved.
Law of the Land: U.S. Supreme Court Upholds Arbitration Agreements Despite State Court Resistance
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As published in The Nassau Lawyer, December 2011. All rights reserved.
From Chiarella To Cuban: The Continuing Evolution Of The Law Of Insider Trading
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Book Autographed by Mark Cuban
As published in the Fordham Journal of Corporate & Financial Law, Spring 2011. All rights reserved.
Shale-Gas Case Ringing Alarms in State-Level Mineral-Rights Law
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As published in Natural Gas & Electricity, December 2011. All rights reserved.
Narrowing the Scope of the 'Reckless Disregard' Standard for Emergency Vehicle Operators
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As published in The Nassau Lawyer, September 2011. All rights reserved.
Why a Rollback of The 2005 Amendments Would be a Setback for All Creditors, Especially Secured Creditors
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As published in The Secured Lender, March 2011. All rights reserved.
Maritime Law Compels Award to Salvors of Staten Island Ferry
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Reprinted with permission from the New York Law Journal, October, 2010 (c) 2010 ALM media Properties, LLC. All rights reserved. Law Journal Newsletters. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit almreprints.com
The U.S. Supreme Court and Business The Year in Review
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Reprinted with permission from The Corporate Counselor, October, 2010 (c) 2010 ALM media Properties, LLC. All rights reserved. Law Journal Newsletters. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit almreprints.com
Book Review: "American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia," by Joan Biskupic.
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As published in The Nassau Lawyer, July/August 2010. All rights reserved.
Why BP Will Not Go Bankrupt
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As published in Natural Gas & Electricity, August 2010. All rights reserved.
Emergency Vehicle Operators Protected From Liability
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As published in The Nassau Lawyer, June 2010. All rights reserved.
Barge to Brooklyn Leads to Federal Maritime Liability, Preempts State Law
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Reprinted with permission from The New York Law Journal, April, 2010 (c) 2010 ALM media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit almreprints.com
Everything I Need to Know About The Business Judgment Rule I (Re) Learned From In re Bear Stearns
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As published in the New York State Bar Association Torts, Insurance & Compensation Law Section Journal, Winter 2010. All rights reserved.
Supreme Court Defines Broad Role of Mobile-Sierra -- Protecting All Parties
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As published in Natural Gas & Electricity, March 2010. All rights reserved.
Modern Bankruptcies as Tools for Teaching Valuable Lessons in Business
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As published in the St. John's University Review of Business, Fall 2009. All rights reserved.
Attorney Work Product at Risk: Textron and the Near Certainty of Supreme Court Review
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Reprinted with permission from The Corporate Counselor, November, 2009 (c) 2009 ALM media Properties, LLC. All rights reserved. Law Journal Newsletters. Further duplication without permission is prohibited. For information, contact 877-257-3382, reprints@alm.com or visit almreprints.com
Deals At Risk: Textron Opens Door to IRS Discovery of "Tax Accrual Workpapers."
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As published in The Equipment Leasing Newsletter, November, 2009. Law Journal Newsletters. All rights reserved.
Punitive Damages in Bankruptcy Cases: A Mixed Past, an Uncertain Future, But a Sure Need for Reform
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As published in the Norton Annual Survey of Bankruptcy Law 2009 Edition. All rights reserved.
Dark, Lonely, Dangerous Work: Mirant Settlement Illustrates Litigation Risk
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As published in Natural Gas & Electricity, August 2009. All rights reserved.
Section 503(B)(9) Four Years Later
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As published in The Bankruptcy Strategist, August, 2009. Law Journal Newsletters. All rights reserved.
Unitary Business Taxation Principles: Alive and Well, and Now More Clearly Defined
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As published in Accounting and Financial Planning, May, 2009. Law Journal Newsletters. All rights reserved.
Appeals Court Affirms Safe Harbor for Forward Contracts in Bankruptcy
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As published in Natural Gas & Electricity, April 2009. All rights reserved.
Score One for the Good Guys Criminal Exception Overcomes Automatic Stay for Miscreat Debtor
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As published in The Bankruptcy Strategist, February 2009, Law Journal Newsletters. All rights reserved.
The Death of Reclamation: How Congress and the Courts have Eviscerated Reclamation Rights, and What Can be Done About It
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As published in Norton Annual Survey of Bankruptcy Law 2008 edition. Thomson West. All rights reserved.
Force Majeure to Apply Small Comfort to Some Crisis-Affected Contracts
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As published in Natural Gas & Electricity,Copyright 2008, December, Wiley Periodicals, Inc. All rights reserved.
The Supreme Court And Business: A Year of Stare Decisis and Punitive Damages
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As published in The Corporate Counselor, November 2008. Law Journal Newsletters. All rights reserved.
Preemption Doctrine Voids New York Air Passenger Bill of Rights: The Right Decision, But No Relief for Beleagured Passengers
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As published in the New York Law Journal, July 25, 2008. All rights reserved.
"True Lease" Versus Disguised Security Interest: Is the United Trilogy Truly the Last Stand?
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As published in the Uniform Commercial Code Law Journal, May 2008. Thomson West. All rights reserved.
"Sound Collision:" Federal Labor Law and the Bankruptcy Code Collide in This Year's Airline Bankruptcies
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As published in Norton Annual Survey of Bankruptcy Law 2007 edition. Thomson West. All rights reserved.
Violence of Action: The Bankruptcy Code, Domestic Relations Law, and the New War with State Probate Law
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As published in The Quinnipiac Probate Law Journal, 2006. All rights reserved.
Executive Decision: A Legal Critique of the Committee on Foreign Investments in the United States in the Aftermath of the IBM-Lenovo Deal
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As published (in modified form) as "Transactions That Imperil National Security," New York State Bar Association Journal, November/December 2005. All rights reserved.
Going to the Head of the "Class" in Bankruptcy: The Continuing Evolution of Class Actions, The Class Proof, and Plaintiff and Defendant Classes in Bankruptcy Cases
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As published in Norton Annual Survey of Bankruptcy Law 2005 edition. Thomson West. All rights reserved.