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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.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.'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.Is Your Dispute Resolution Process Truly Confidential?
Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…Garnet Health Medical Center-Catskills v. Center For Discovery, Inc.
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In the Matter of Evercare Choice, Inc. v. Howard A. Zucker
Appeals & Motions List released on:June 15, 2023
New York's Moritt Hock & Hamroff Opens in Fort Lauderdale With Focus on Midmarket Finance and Wealth
"We were getting a lot of inquiries from our New York financial institutions about their expanding role in Southeast Florida and that they were underserved in the middle market space," managing partner Marc Hamroff said.Revenue, Profit, Cash: Managing Law Firms for Success
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Law Firm Operational Considerations for the Corporate Transparency Act
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The Ultimate Guide to Remote Legal Work
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Practical Guidance Journal: Protecting Work Product in a Generative AI World
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