New York Law Journal | Analysis
By Anthony E. Davis | May 27, 2022
The underlying problem is whether, and in what circumstances, it constitutes the unauthorized practice of law for a lawyer to reside and work remotely while physically located in a jurisdiction where the lawyer is not admitted.
11 minute read
New York Law Journal | Analysis
By James K. Goldfarb, Joseph P. Facciponti and Margaret Haggerty | May 27, 2022
The ruling, though narrow because it applies to a sovereign state's use of §1782, is consistent with the Second Circuit's approach to §1782, and underscores that discovery device's usefulness.
8 minute read
New York Law Journal | Analysis
By John J. Rapisardi and Jacob T. Beiswenger | May 26, 2022
This two-part article will examine the role of third-party releases in successful Chapter 11 reorganizations. This installment will address the factors considered in each Circuit where such releases have been deemed permissible within the confines of the Bankruptcy Code, evaluate several recent cases highlighting the uncertainty created by the current Circuit split, and consider options for creating a clear, nationwide standard.
14 minute read
New York Law Journal | Analysis
By Patrick Dolan | May 26, 2022
According to the SEC, the proposed amendments are intended to better inform investors about a registrant's risk management, strategy and governance related to cybersecurity and to provide timely notification to investors of material cybersecurity incidents.
6 minute read
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | May 25, 2022
Recent state court decisions striking down board diversity mandates in California present an opportunity to consider the current regulatory context and the realities facing nominating committees and boards today.
12 minute read
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 25, 2022
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent Supreme Court decision that resolved a split among the Circuits and held that, in a case under the Foreign Sovereign Immunities Act raising non-federal claims against a foreign state or instrumentality, a court should determine the substantive law by using the same choice-of-law rule that would have been applicable in a similar suit against a private party.
10 minute read
New York Law Journal | Analysis
By Tancred Schiavoni | May 25, 2022
Seven groups and one law professor submitted amicus briefs. Five of the amici support Purdue's appeal and three oppose.
10 minute read
New York Law Journal | Analysis
By Scott Mollen | May 24, 2022
Scott Mollen discusses 'Norman Realty & Constr. v. 151 E. 170th Lender' and 'White Plains Aviation Partners v. Cnty. of Westchester'.
18 minute read
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | May 24, 2022
The court in 'Cornelio' emphasized that it is the government's burden to demonstrate that a challenged law furthers important governmental interests, that it is narrowly tailored, and warned district courts not to supply a justification that the government fails to provide.
7 minute read
New York Law Journal | Analysis
By Rob Maier | May 24, 2022
In his Patent and Trademark Law column, Rob Maier looks back at the Supreme Court decision in 'Kimble v. Marvel Entertainment,' which dealt with the issue of collecting royalties for a license term that extends beyond the expiration date of a licensed patent. The court's decision clarified whether and to what extent this is proper and offers "practical guidance in the complex area of patent licensing."
7 minute read
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