Books
Evidence in New York State and Federal Courts
(co-authored with Prof. Robert A. Barker) (Thomson/West, 2d edition
2011).
Practice Commentaries on the New York Civil Practice Law and
Rules, in McKinney's Consolidated Laws of New York
Annotated (Thomson/West):
Article 3 (Jurisdiction) (2010).
Articles 62-65 (Provisional Remedies) (2010).
Article 78 (Judicial Review of Administrative Action)
(2008).
Article 45 (Evidence) (2007).
Articles 5-10 (Venue, Joinder of Claims, Class Actions, Parties)
(2006) (Commentary on Class Actions (C901:11) cited in all three
opinions of the U.S. Supreme Court in Shady Grove Orthopedic
Associates, P.A. v. Allstate Insurance Co., 130 S. Ct. 1431
(2010)).
Article 75 (Arbitration) (1998).
Articles 10-21 (Intervention, Interpleader, Third-Party
Practice, Contribution) (1997).
Annual Pocket Parts for Articles 1-21, 45 and 60-98
(1991-2011).
Articles and
Book Chapters
Columnist on New York Practice, New York Law Journal, 2000 -
2004. Illustrative Articles: "New Legislation" (Sept.
20, 2004); "The Perils of the Summons with Notice" (July 19, 2004);
"Standing to Challenge Administrative Action" (May 17, 2004);
"Opposing Summary Judgment with Hearsay" (March 15, 2004); "Purging
of the Ad Damnum Clause from the Complaint" (Jan. 20, 2004).
"The Corporate Attorney-Client Privilege: A Study of the
Participants," 63 St. John's Law Review 191 - 432 (1989)
(book-length empirical study), cited by the U. S. Supreme Court in
Swidler & Berlin v. United States, 524 U.S. 399 (1998).
Chapter 1 ("General Instructions") and Chapter 7 ("Defenses in
Contract Actions") in New York Forms of Jury Instruction (vol. 1)
(Matthew Bender 1992) (model jury instructions and commentary).
"Administration of the Real Property Tax: Assessment Standards
and the Principle of Uniformity," Chapter 3 in 8 Rohan, Real Estate
Tax Appeals (Matthew Bender 1984).
"The Hearsay Exception for Public Records in Federal Criminal
Trials," 47 Albany Law Review 699 (1983).
"Screening Former Government Attorneys to Prevent Disqualifying
Their Law Firms," 53 New York State Bar Journal 552 (1981).
"State Medical Malpractice Screening Panels in Federal Diversity
Actions," 21 Arizona Law Review 959 (1980).
Other
Publications
Principal author of "Civil RICO Case Statements," a report of
the Federal Procedures Committee of the Commercial and Federal
Litigation Section of the New York State Bar Association, reprinted
in full in the May 5, 1990 release of the CCH RICO Business
Disputes Guide.
Editor, 1985 - 2004, Second Circuit Redbook, a handbook on
personnel and procedures in the U.S. Courts in the Second Judicial
Circuit (published by the Federal Bar Council).
Editor, Second Circuit Digest, a monthly publication of the
Federal Bar Council, highlighting the principal opinions of the
United States Court of Appeals for the Second Circuit (1982 -
1986).
Editor, One on One, a quarterly publication of the General
Practice Section of the New York State Bar Association (1985 -
1988).
Selected Speaking
Engagements
Seminars on Evidence for the Newly-Elected and Newly-Appointed
Judges of the State of New York, New York State Judicial Institute,
White Plains, New York, annually 2006-2012.
Updates on Evidence for New York Court Attorneys, New York State
Judicial Institute, White Plains, New York, Spring 2010, 2009, Fall
2008, Fall 2007, January 2007, Fall 2006.
Panelist, "He Said, She Said: Getting Hearsay Right in Civil and
Criminal Trials," Program of the Evidence Committee of the
Commercial and Federal Litigation Section, Annual Meeting of the
New York State Bar Association, New York City, January
2010.
Update on New York Practice, Nassau Academy of Law, Nassau
County Bar Association, New York, annually 2007-2011.
“Evidence Roundup in the Second Circuit,” Second Circuit U.S.
Judicial Conference, New York, September 2006.
Evidence Update for the Justices of the New York Appellate Term,
White Plains, New York, November 2006.
“Privileges: Journalists, Government Attorneys, and
Psychotherapists,” Panel Coordinator and Speaker, 2006 Winter Bench
and Bar Conference of the Federal Bar Council, St. Thomas,
V.I.
“Expert Testimony and the Impact of Crawford v. Washington,”
Panel Coordinator and Speaker, 2005 Winter Bench and Bar Conference
of the Federal Bar Council, Kona, Hawaii.