New York Law Journal | Analysis
By Sharon Lee, Ching-Lee Fukuda and Halley Herbst | March 8, 2024
This article focuses on the split on the inevitable disclosure doctrine and recent developments indicating how New York is likely to come out on the issue.
New York Law Journal | Analysis
By Michael Bongiorno, Susan Muck, Timothy Perla, Jessica Lewis and Megan Barriger | March 4, 2024
In March 2020, the Delaware Supreme Court issued a landmark ruling in 'Salzberg v. Sciabacucchi'. This article addresses developments that have occurred over the past four years since the ruling and highlights key takeaways for practitioners.
By Hugo Guzman | February 27, 2024
"Because this is such a new space, a lot of the proposals will be about more transparency, and about what companies are doing with AI, and how boards are overseeing risks," said Jamie Smith of the EY Americas Center for Board Matters.
The American Lawyer | Analysis
By Dan Roe | February 27, 2024
Class-action plaintiffs and an appellate judge are curious about the regulatory and M&A work Sullivan & Cromwell did for FTX before the exchange collapsed.
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.
New York Law Journal | Analysis
By Corinne Ball | February 21, 2024
This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
By Stan Soocher | January 26, 2024
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
New York Law Journal | Analysis
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
By Brad Jones | January 8, 2024
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
New York Law Journal | Analysis
By Tracee E. Davis | January 5, 2024
The Office of Court Administration recently solicited comments on a proposal to amend Rule 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts to add a reference to technology in the description of what is a commercial case. This article discusses the proposal, rationale behind the rule amendment and kind of technology cases that likely fall within the Commercial Division's jurisdiction.
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