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September 13, 2023 | Pro Mid Market

Mid-Market Roundup: Some Midsize Firms Are Growing, Others Are Folding

Welcome to Mid-Market Roundup, where our team of regional editors shares the trends, challenges, opportunities and observations emerging in their markets.
8 minute read
September 11, 2023 | New York Law Journal

Good Faith and Financial Distress: Can a Solvent Debtor Have a Valid Reorganizational Purpose?

In the 45 years since the enactment of the Bankruptcy Code, the Chapter 11 process has been successfully used by companies to address and resolve mass tort liabilities. However, what were once considered legitimate uses of Chapter 11 may now be rejected by bankruptcy courts as bad faith filings.
8 minute read
September 10, 2023 | New York Law Journal

Standing of Trust Beneficiaries in Derivative Actions

Since New York case law generally holds that a trustee is the proper party to a suit in conflict situations, the aggrieved trust beneficiary is seemingly without options. Practitioners, however, should be familiar with two exceptions to the general rule in this context—the so-called "double-derivative" standing of a trust beneficiary and "equitable owner" approach to standing. This piece sets forth a brief basis for each theory and strategic considerations when bringing these types of matters.
8 minute read
August 27, 2023 | New York Law Journal

Jack Daniel's Decision Clarifies Balance Between First Amendment and Trademark Rights

This article discusses how the U.S. Supreme Court, in a unanimous decision, vacated a decision by the U.S. Court of Appeals for the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff's trademark.
8 minute read
August 21, 2023 | New York Law Journal

'Gottwald v. Sebert' Sheds Light on 'Public Figure' Claim for Defamation Suit Purposes

The Court of Appeals' recent decision in Gottwald v. Sebert, which took a broader approach to determining who qualifies as a "public figure" for defamation purposes may shed some light on the issue.
6 minute read
Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

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August 07, 2023 | New York Law Journal

Is Your Dispute Resolution Process Truly Confidential?

Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
9 minute read
Garnet Health Medical Center-Catskills v. Center For Discovery, Inc.
Publication Date: 2023-07-14
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Third Department
Judge: Unsigned Garry, P.J., Egan Jr., Pritzker, Reynolds Fitzgerald and McShan, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 534872

Garnet Health Medical Center-Catskills v. Center For Discovery, Inc.

July 12, 2023 | New York Law Journal

'We've Had a Good Run': Ganfer Shore to Shutter as Partners Prepare for New Roles With Different Firms

Firm leaders described the dissolution of the 28-attorney firm as amicable, but said they faced a reckoning as co-founding partner Steven Ganfer's retirement date and the end of the firm's lease term for its Midtown Manhattan office space drew near.
3 minute read
In the Matter of Evercare Choice, Inc. v. Howard A. Zucker
Publication Date: 2023-07-07
Practice Area: Civil Appeals
Industry:
Court: Appellate Division, Third Department
Judge: Unsigned Garry, P.J., Egan Jr., Clark, Reynolds Fitzgerald and Ceresia, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 535367

In the Matter of Evercare Choice, Inc. v. Howard A. Zucker

Appellate Division, First Department: June 20, 2023
Publication Date: 2023-06-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:June 15, 2023

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