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October 07, 2021 | New York Law Journal

Term Sheets: When Are Parties Bound?

Parties negotiating business transactions often find it useful to memorialize key provisions they have agreed upon in a term sheet. This article lays out the guideposts New York courts have established on questions regarding on whether such documents are binding.
7 minute read
September 09, 2021 | New York Law Journal

Habeas Petition, ADA Class Action Proposal, Municipal Defamation Claims

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, denial of a a wide-ranging habeas petition by a state prisoner; dismissal of a proposed class action against Newsday for offering videos without closed captioning on its website; and granting of summary judgment to municipal defendants facing defamation and related claims.
9 minute read
August 12, 2021 | New York Law Journal

No Basis for Bail, Travel Requirement Not Preempted, TRO Denied

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision denying bail pending sentence; a holding that requiring certain out-of-state travelers to fill out a New York state COVID-19 health form on entering the state does not violate the Supremacy Clause; and a decision declining a TRO directing a U.S. Embassy to adjudicate Form I-130 petitions under a fast-approaching deadline set by plaintiffs.
10 minute read
August 12, 2021 | New York Law Journal

'He's on His Own Here': In NY Sex Abuse Lawsuit, Prince Andrew May Face Choice Between Settlement or Default

Lawyers see a dearth of good options for the Duke of York, who is facing a lawsuit that says he raped a teen during the time he was friends with disgraced financier Jeffrey Epstein. Some said Andrew, who has retired from duties as a senior royal, could expect little if any help from his family.
6 minute read
July 16, 2021 | New York Law Journal

Legislative Solutions to the LIBOR Replacement Dilemma

This article explores legislative solutions—both one that already has been enacted and another that has been proposed—to the problem of LIBOR transition in securitization trusts. These solutions address some of the LIBOR transition challenges, but uncertainty—and hence substantial litigation risk—remains on their ultimate scope or effectiveness.
9 minute read
July 08, 2021 | New York Law Journal

Tax Sentence Rationale, Email Service, MDL Transfer

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions handed down recently: one setting forth the reasons for a two-year sentence of incarceration in a tax case; another granting plaintiffs' motion to serve a preliminary injunction on a Taiwan-based company by email; and the last deciding related cases concerning defendant's motion to transfer a matter to a multidistrict litigation.
9 minute read
June 18, 2021 | New York Law Journal

Can Commercial Tenants Really Avoid Rent During the Pandemic Using the Frustration-of-Purpose Doctrine?

Recent decisions and the use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the New York commercial real-estate market—and the economy more generally
7 minute read
June 10, 2021 | New York Law Journal

Statements to Foreign Police, Interpol Immunity, Solicitation Sanctions

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions handed down recently: one denying a motion to suppress statements made to foreign officials in Bulgaria; another finding that there was no subject matter jurisdiction over claims against Interpol; and a third sanctioning plaintiffs' counsel for improper client solicitation.
10 minute read
May 25, 2021 | New York Law Journal

The Special Challenges of LIBOR Transition for Residential Mortgage-Backed Securities and Other LIBOR-Indexed Securitizations

This article addresses the challenging issue of LIBOR transition—that is, moving from LIBOR to another benchmark rate—for asset-backed securities such as residential mortgage-backed securities (RMBS).
9 minute read
May 13, 2021 | New York Law Journal

Motion To Preclude Witness, TCPA Violation, Securities Fraud Claims

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision precluding defendants from calling plaintiff's former counsel as a trial witness; a holding that a complaint alleging illegal robocalls in violation of the TCPA did not adequately connect defendants to the calls received by plaintiff; and a decision declining to dismiss securities fraud claims, rejected defendants' arguments based on the statute of limitations and risk disclosures.
9 minute read

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