New York Law Journal | Analysis
By Mark A. Berman | August 30, 2019
Who will pay for e-discovery expenses will often inform a litigation strategy. In his State E-Discovery column, Mark A. Berman discusses some recent decisions that provide litigators with guidance on the allocation of e-discovery costs.
New York Law Journal | Analysis
By Edward E. Neiger | August 29, 2019
In this edition of the Bankruptcy Update, Edward E. Neiger focuses on recent bankruptcy filings by Pacific Gas and Electric Company, Imerys Talc America and Insys Therapeutics and their efforts to navigate the intersection of mass tort liabilities and bankruptcy.
New York Law Journal | Analysis
By Scott Watnik | August 29, 2019
What happens when an alleged trespasser enters another's property with the property owner's consent, but that consent is induced by fraudulent acts of someone other than the alleged trespasser? Until a recent decision by the New York Supreme Court, no New York court had ever squarely addressed the question.
New York Law Journal | Analysis
By Barry Black and Jonathan Robert Nelson | August 29, 2019
There is much confusion—including in some New York courts—about when a judge may resolve a disagreement between a local church and its governing body. In their Religion Law column, Barry Black and Jonathan Robert Nelson review the law and suggests steps that can help limit litigation in these situations.
New York Law Journal | Analysis
By Jerry H. Goldfeder and Myrna Pérez | August 28, 2019
In their Government and Election Law column, Jerry H. Goldfeder and Myrna Pérez address several of the latest rulings by New York courts concerning limitations on the public's involvement in elections; the apparent lack of consequences for forgers in ballot access cases; and the doctrine of "unintentional fraud."
New York Law Journal | Analysis
By Efrem Z. Fischer | August 28, 2019
Breach of fiduciary duty and constructive trust claims are being asserted in the context of familial business relationships with greater frequency. In that context, the requirement of the existence of a confidential or fiduciary relationship becomes the key element and the primary focus for analysis with respect to the ultimate merits of the constructive trust and breach of fiduciary causes of action.
New York Law Journal | Analysis
By Andrew T. Garbarino | August 28, 2019
To avoid litigation, government intervention and public relations fiascos, a board must address cybersecurity on an ongoing basis.
New York Law Journal | Analysis
By Peter Fass | August 28, 2019
To date the SEC has adopted amendments to Regulation S-K that are intended to improve the readability and navigability of disclosure documents and discourage repetition and the disclosure of immaterial information. In his Real Estate Securities column, Peter Fass summarizes these changes.
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 27, 2019
In his Realty Law Digest, Scott E. Mollen discusses 'St. Christopher's Inc. v. Forgione,' where the court granted seller's motion to dismiss purchaser's counterclaims for, inter alia, breach of contract, fraud in the inducement, and implied covenant of good faith and fair dealing.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | August 27, 2019
In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: "For several years, on an ad-hoc basis, Alternative Dispute Resolution programs have been in place in various courts throughout New York State. While all of these, and others, represent a wide-ranging definition of ADR and will certainly continue to shape settlements across the legal spectrum, we now find ourselves at a new moment."
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