Epstein Secrets

ey contend that, because the Government is a party to the lease, interpre- tation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of con- tracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an im- plied covenant o

deci- sions have reaffirmed the principle that the power of the federal courts to fashion princi- ples of federal common law is limited. See, e.g., O'Melveny & Myers FDIC, 512 U.S. 79, 87-88, 114 S.Ct. 20487 129 L.Ed.2d 67 (1994) (noting that cases where the formula- tion of a "special federal rule" are "few an

They contend that, because the Government is a party to the lease, interpretation of the lease is governed by principles of federal common law, not New York State law. Pursuant to federal common law of contracts, Epstein and Fisher continue, the lease between OFM and Epstein contains an implied covenant of go

urt decisions have reaffirmed the principle that the power of the federal courts to fashion principles of federal common law is limited. See, e.g., O'Melveny & Myers v. FDIC, SDNY_GM_02742800 EFTA_00229449 EFTA01325015 512 U.S. 79, 87-88, 114 S.Ct. 2048, 129 L.Ed.2d 67 (1994) (noting that cases where the for

ey knew they could get ... and that was the fraudulent promissory notes [i.e.. the much larger and unrelated part of Hoffenberg's fraud, based in New York State].... What they couldn't get. they didn't bother with.- Another lawyer involved in the criminal prosecution of HotTenberg says. "In a crim- inal in

l A. Cohen, Counsel, Cassels Brock & Blackwell, Barristers and Solicitors, Toronto William S. Cohen (R-Me) William T. Coleman, Jr., Senior Partner O'Melveny & Myers; former U.S. Secretary of Transportation William T. Coleman III, Chairman, BEA Systems, Inc., San Jose, Ca. Timothy C. Collins, chief Executive of