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.
By Marianna Wharry | March 13, 2024
Two former employees of the now-defunct news website The Messenger filed an employment action against the site's parent company and its former owner this week alleging breaches of their employment contracts and violations of labor law after the company refused to issue their pair's severance payments.
By Melissa T. Billig and Brandon Reiner | March 12, 2024
In their Construction Law column, Melissa Billig and Brandon Reiner discuss five pitfalls to avoid when using standardized industry form agreements with architects and contractors.
New York Law Journal | Analysis
By Andrew Goldsmith | March 8, 2024
To promote commercial certainty and avoid a deluge of unnecessary litigation, it is important to have clear, easily applicable standards that govern when and whether tort claims duplicate contract claims impermissibly.
By Scott Mollen | March 5, 2024
Scott Mollen discusses "Mason v. Pembroke NY," where a purchaser breached contract by failing to comply with mortgage contingency clause in applying for a larger mortgage than permitted by the clause, and the riparian rights case "Talmidov Inc. v. Marina Holding Corp" involving an action for quiet title, ejectment, trespass and a declaration of easement by necessity relating to land submerged by a body of water near the Sheepshead Bay neighborhood of Brooklyn.
By Alan Feigenbaum | March 5, 2024
A look at how prenuptial agreements are being interpreted and enforced by the courts in an effort to see why divorce lawyers often see these agreements as "uniquely complex legal instruments that are fraught with the potential for peril."
By Brian Lee | February 23, 2024
The panel of circuit judges Jose Cabranes, Robert Sack and Myrna Perez, meanwhile, dismissed a parallel action, on grounds that it is not reviewable on appeal. The remanded surrogate's court portion of the matter was directed to Ulster County, where a music manager resided in Woodstock, New York.
New York Law Journal | Analysis
By Monica Delgado and Jonathan Harris | February 23, 2024
Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.
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