26 Aug 2009

Why Doesn’t the SEC Know about the Doctrine of Implied Waiver?

In 1981, SEC Commissioner Bevis Longstreth gave a speech “Reliance on Advice of Counsel as a Defense to Securities laws Violations”. The take away from that speech?

“At the outset I should stress that the “reliance defense”, as justifiable reliance on advice of counsel is sometimes referred to, is not really a defense at all.” AND if you assert it you waive attorney client privilege.

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20 Aug 2009

For Massachusetts, Kennedy: A Way to Shorten the Representation Gap… Maybe

Senator Kennedy may already hold the keys to preventing a 5 month gap in Senate representation form Massachusetts. The power may already be in his hands.

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10 Aug 2009

Appeals Court Won’t Unseal Spitzer Wiretap Applications

I assumed from the first time I heard about this motion that it was going to end up in SCOTUS. No matter who won 2nd Circuit, I don’t think it should end there. This is such an important issue of balancing privacy rights vs. government transparency and accountability. This is really important stuff.

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09 Aug 2009

Health Care Reform and the Art of Civil Discourse

Four events do not necessarily a trend make, but………

The American people are BETTER than lobbyists give them credit for. Even if Washington has forgotten the art of civil discourse, the folks back home? We still remember how to treat out neighbors.

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08 Aug 2009

Dick Armey’s Manufactured Astroturf Venom Is Losing its Potency

Public condemnation of bully tactics works.
It seems that the Dick Armey’s manufactured Astroturf venom is losing its potency as we Long Islanders are reminded what very close neighbors we all are.

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08 Aug 2009

Dick Armey’s Manufactured Astroturf Venom is Losing its Potency

Public condemnation of bully tactics works.
It seems that the Dick Armey’s manufactured Astroturf venom is losing its potency as we Long Islanders are reminded what very close neighbors we all are.

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04 Aug 2009

Patrick Fitzgerald Gets a Promotion

Could not happen to a nicer guy. Could not have chosen anyone better qualified. Congrats, big guy!

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03 Aug 2009

Health Care: Pete King is Out of Touch with Long Island, New York, and America

Pete King (R-NY3) is thinks health care reform is not important to the american people. Who the hell has he been talking to?

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01 Aug 2009

Mikva Spins Fitzgerald’s Spinning Lincoln Right Back

If Judge Mikva truly believes the “Spinning Lincoln” comment made by Pat Fitzgerald to be injurious to the fair trial ideal, the very last thing the judge should want to do, is refresh the memories of potential jurors about a comment they had likely already forgotten.

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31 Jul 2009

Bank Bailout: When a Bonus Exceeds Earnings, How is It Not Fraud?

Can somebody explain to me how calling these payments a “bonus,” which implies that is a reward for good performance, is not a fraud?

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