May 2006

 

New York Extends Absolute Privilege to Form U-5 Disclosures

Other courts afford NASD statements only qualified immunity
An intermediate New York appellate court has held that the statements a securities brokerage firm makes in a U-5 form regarding employee termination are absolutely privileged and cannot form the basis for a defamation claim. Cicconi v. McGinn, Smith & Co., Inc.

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Strike Four and You're Out?

New Jersey considers reducing number of peremptory challenges
A special committee of the New Jersey Supreme Court recently proposed cutting the number of peremptory challenges allowed to parties in both civil and criminal cases. While some Section of Litigation leaders believe that discretionary strikes generally should not be reduced, others see nuances within the recommendation.

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Not For Your Eyes Only

Ethics opinion addresses inadvertent disclosure
Accidentally sending confidential materials to your adversary has become even more problematic. That is because, under Formal Opinion No. 05-437 of the ABA Standing Committee on Ethics and Professional Responsibility, issued in October 2005, an adversary's sole professional obligation on receipt is to "promptly notify the sender in order to permit the sender to take protective measures."

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