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November 29, 2022 | New York Law Journal

Self-Reporting Misconduct to NYDFS: It's Not Your 'Monaco Memo' (Part One)

This first article in a two-part series discusses a number of important self-reporting requirements for entities supervised by the New York State Department of Financial Services (DFS) with a focus on banking organizations, money service businesses, cryptocurrency firms, and insurance companies.
12 minute read
November 27, 2022 | Supreme Court Brief

At the Lectern: December's Big Month | Judge-Shopping, Texas-Style | Ethics Fallout

The justices are back on the bench this morning, and three of the term's closely-watched cases will be heard in this argument session.
8 minute read
November 14, 2022 | New York Law Journal

Equity Compensation Must Be Protected as Wages

States are divided as to whether these stocks, vested or unvested, constitute wages. While federal law prohibits employers from improperly withholding employee wages, it does not protect equity compensation.
8 minute read
November 08, 2022 | New York Law Journal

SCOTUS's Ill-Advised Recasting of the Federal Policy in Favor of Arbitration

In his International Arbitration article, John Fellas argues that "the notion that an arbitration agreement should be treated just like every other contract—the equal footing principle—is an inadequate ideal for arbitration. Some 'arbitration-preferring procedural rules,' as Justice Kagan calls them, are essential to the efficacy of arbitration precisely because 'arbitration contracts' are not 'like all others.'"
17 minute read
October 19, 2022 | National Law Journal

Stop! Justices Asked to Halt Biden Administration Student-Loan Forgiveness Program

Plaintiffs have filed lawsuits challenging the program in a number of jurisdictions.
3 minute read
October 12, 2022 | Law.com

Compliance Hot Spots: How to Weather a Monitorship + FARA Defeat for DOJ + SEC Faces Another Crypto Industry Challenge

Veterans of compliance monitorships told an audience this week that companies facing a government-imposed monitor need to embrace the opportunity. "It can't be a battle," one lawyer said.
10 minute read
October 11, 2022 | Insurance Coverage Law Center

Cincinnati Specialty Underwriters Ins. Co. v. KNS Group, LLC

Though the judges of the Eleventh Circuit ruled the insurer was bound to defend the insured, they said it was too early to determine the duty to indemnify.
17 minute read
September 30, 2022 | New York Law Journal

Stipulations and Insurance Assignments Offer Policyholders and Claimants Relief From Bankruptcy Delays

Stipulated judgments coupled with assignments of insurance rights can shorten the bankruptcy process and offer policyholders and underlying claimants relief from the burdensome and time-consuming process of litigating underlying liability.
6 minute read
September 22, 2022 | Insurance Coverage Law Center

Seattle Tunnel Partners v. Great Lakes Reinsurance (UK), PLC

The Washington Supreme Court unanimously decided that the policy's "machinery breakdown" exclusion precluded damages for a project delay caused by a broken-down tunnel borer.
41 minute read
August 24, 2022 | The Legal Intelligencer

District Court Must Reconsider Legal Mal Suit Against Cozen O'Connor Over $20M Deal, Third Circuit Says

"We hold today that the shareholder standing rule is non-jurisdictional, implicating only a plaintiff's power to bring claims, not the court's power to hear them," Krause said. "Because the shareholder standing rule, like other third-party standing doctrines, is not a matter of Article III standing, it presents only merits, rather than jurisdictional concerns."
4 minute read

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