New York Law Journal | Expert Opinion
By Timothy Capowski, Jack Watkins, Sofya Uvaydov and Chris Theobalt | October 20, 2023
Publicity attacks carry far more weight than mere press conference allegations. This article offers proposals for initial steps toward cleaning up and eliminating the pleading-to-press, ("P2P") trend in litigation.
New York Law Journal | Expert Opinion
By James J. Beha II | October 18, 2023
The U.S. Supreme Court is set to decide whether shareholders can sue for alleged failures to comply with Item 303's disclosure requirements. In 'Macquarie Infrastructure Corp. v. Moab Partners, L.P,' the court will decide whether private plaintiffs can import Item 303's broad, subjective disclosure requirements into a Rule 10b-5 private securities fraud claim. The court's resolution of this issue could have a significant effect on the scope of public companies' potential liability for alleged securities fraud.
New York Law Journal | Expert Opinion
By Scott Mollen | October 17, 2023
Scott Mollen discusses "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."
New York Law Journal | Best Practices|Expert Opinion
By Scott M. Himes | October 6, 2023
Litigation occurs because parties are in a dispute. But not every issue, position, argument, and fact needs to be litigated to resolve the dispute. Parties often fight over issues that do not matter, and sometimes don't even exist. This article offers pointers for staying on the right course.
New York Law Journal | Expert Opinion
By Scott D. Locke | October 5, 2023
A discussion of the recent Trademark Trial and Appeal Board decision in "Thrive Natural Care Inc. v. Nature's Sunshine Products," which recognized a time limit on claims to cancel trademarks that otherwise would be void under this provision. The decision "provides a welcome bright line for trademark holders but also serves as a reminder that one should be mindful of the risks associated with assigning intent-to-use trademark applications."
New York Law Journal | Expert Opinion
By Alan Feigenbaum and Marilyn T. Sugarman | October 4, 2023
A discussion of the recent decision 'B.D. v. E.D' which raises "existential questions" but offers one certain piece of advice: When drafting settlement agreements in a matrimonial case, be sure to be very specific as to what is covered in terms of the payor's obligation regarding health insurance.
New York Law Journal | Expert Opinion
By Allen A. Shoikhetbrod | October 3, 2023
A discussion of some of the key areas and points of analysis concerning the new law.
New York Law Journal | Expert Opinion
By Scott Mollen | October 3, 2023
Scott Mollen discusses "Mrishaj v. Moore," which held that RPAPL §853 does not protect shareholders against misconduct by neighboring shareholders, and "Kennedy Plaza Tower v. Leffler" where the court held that an ERAP application cannot be used to delay eviction.
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen | October 3, 2023
In this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."
New York Law Journal | Expert Opinion
By Jo Bennett | October 2, 2023
Pay equality has been an important topic over the last few years, and the drive to correct the systemic suppression of wages for women and minority workers for decades has led to pay transparency laws in several states. New York will now join eight other states in requiring employers to disclose to job applicants how much a position pays.
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