New York Law Journal | Analysis
By Shari Claire Lewis | October 15, 2018
In her Internet Issues/Social Media column, Shari Claire Lewis summarizes the anti-cybersquatting rules under the ACPA and explores two recent New York court decisions that help to illuminate the kinds of cyberpiracy claims that courts are willing to consider, and those that they are not.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 10, 2018
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern discuss 'Akorn v. Fresenius Kabi AG', which has drawn considerable interest as the first decision applying Delaware law that found an MAE warranting a buyer's exercise of merger termination rights. While 'Akorn' may embolden future parties to test the breadth of their own MAE provisions, the decision appears driven by extraordinary facts and now awaits review in the Delaware Supreme Court.
By Barbara M. Goodstein and Jennifer Kratochvil | October 3, 2018
In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 26, 2018
In their Corporate Governance Update, David A. Katz and Laura A. McIntosh write: As the #MeToo movement continues to make itself felt in all facets of American life, public company boards of directors that are newly focused on the issue of workplace harassment have seen corporate responses evolve. In recent months, many boards have overseen the addition of anti-harassment policies to corporate codes of conduct, the establishment of procedures for addressing allegations, and the enhancement of employee training at all levels.
New York Law Journal | Analysis
By John C. Coffee Jr. | September 19, 2018
In his Corporate Securities column, John C. Coffee Jr. writes: A drama is playing out in Boston federal court before a respected judge that could prove to be a legal “Watergate,” one that could reshape class action practice.
New York Law Journal | Analysis
By Joshua Mitts | September 12, 2018
In his Securities Law column, Joshua Mitts discusses how smaller public companies are being attacked by predatory short sellers who drive down stock prices by buying put options prior to posting hit pieces on blogs and social media.
By Steven M. Witzel and Andrew B. Cashmore | September 5, 2018
In their Corporate Crime column, Steven Witzel and Andrew Cashmore review the issues that district courts face when confronted with the violation of a supervised release for using marijuana, at a time when the nation's views on drug use are rapidly evolving.
By Brian Socolow and Lindsay Feuer | August 29, 2018
The expansion of technology and globalization has brought many challenges for individuals and companies entering into agreements, as well as the New York courts and judges who are ultimately interpreting those agreements. In their article, Brian Socolow and Lindsay Feuer detail how New York federal and state judges interpret choice of law provisions and foreign laws, and what should be considered before agreeing to a choice of law provision.
By Elliot Pisem and David E. Kahen | August 15, 2018
In their Taxation column, David E. Kahen and Elliot Pisem discuss 'Illinois Tool Works v. Commissioner,' a case which provides guidance as to the factors likely to influence a court in distinguishing a loan from a distribution.
New York Law Journal | Expert Opinion
By Joseph M. McLaughlin and Shannon K. McGovern | August 8, 2018
Corporate Litigation columnists Joseph McLaughlin and Shannon McGovern discuss the use and limits of issue certification.
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