New York Law Journal | Analysis
By Marc Lieberstein and Brodie D. Erwin | April 16, 2024
This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements to move forward, and denied McDonald's petition to review a ruling from the Seventh Circuit that revived the case last summer.
By Bryan T. Mohler and Rachel Shaw | April 16, 2024
In December 2022, the First Department issued a decision in 122 East 42nd Street LLC v. Joseph Scharf and Sarah Gotlib that caught the leasing world off guard as it relates to so-called "Good Guy" guarantees.
New York Law Journal | Analysis
By Curtis B. Leitner and Trevor J. Larrubia | April 15, 2024
This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | April 10, 2024
This article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.
New York Law Journal | Analysis
By Gregg L. Weiner, Andrew S. Todres and Mohammed S. Hassan | April 5, 2024
This article explores the evolving contours of the implied covenant, as applied to discretionary contractual rights, and offers practical guidance for decision makers and counterparties to consider when dealing with contractual discretion.
By Emily Saul | March 28, 2024
Plaintiffs claim entertainment firm Falcon's Beyond Global–which designs and operates experiences for venues like theme parks, zoos, and museums–has failed to pay them anything following a successful merger.
New York Law Journal | Analysis
By Ian G. DiBernardo and Brandi Howard | March 22, 2024
Whether a provider or a consumer of data and AI services, companies must think through intellectual property and related contractual risks—both retrospectively, in terms of legacy customer agreements and prospectively, in terms of reworking them.
New York Law Journal | Expert Opinion
By Gail Weinstein, Philip Richter and Warren de Wied | March 21, 2024
This article lays out practice points in response to the Delaware Court of Chancery's recent decision in In Ap-Fonden v. Activision, which opens a new frontier for challenging a board's process in approving mergers. It discusses the significance the decision has on the merger agreement processes as well as what practitioners should consider moving forward as they navigate this decision.
New York Law Journal | Analysis
By Arthur J. Ciampi and Maria L. Ciampi | March 21, 2024
In their Law Firm Partnership Law column, Arthur Ciampi and Maria Ciampi ring some warning bells regarding potentially harmful law firm partnership agreement provisions in the hope of keeping our readers out of harm's way.
By Steve Quinlivan and Kelly Stout | March 18, 2024
A Delaware Court of Chancery decision to invalidate significant portions of a stockholder agreement could have a marked impact on public companies, impacting M&A activities such as joint ventures, settlements with activist investors and minority venture capital investments.
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