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April 24, 2024 | Texas Lawyer

Rural Texas Jury Awards $1.3 Million in Attorney Fees

The merits of the dispute that the judge had to determine was just how broadly could WCJ define its mining rights, lead defense attorney Israel Silvas said.
4 minute read
April 22, 2024 | The Legal Intelligencer

Case Dismissed for False Start: Lessons on Drafting and Strategy

In the case of Waldron v. SVHB Marketing, franchisees' RICO case was dismissed on summary judgment for failure to exhaust the mediation prerequisite to filing a lawsuit against the franchisor and its personnel.
6 minute read
April 16, 2024 | New York Law Journal

Good Guy Guarantees: How One Word May Expand the Liability of Individual Guarantors

In December 2022, the First Department issued a decision in 122 East 42nd Street LLC v. Joseph Scharf and Sarah Gotlib that caught the leasing world off guard as it relates to so-called "Good Guy" guarantees.
9 minute read
April 15, 2024 | New York Law Journal

Form Versus Substance: Termination Procedures in NY Employment Contracts

This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.
8 minute read
April 01, 2024 | National Law Journal

Sullivan & Cromwell Wins Dismissal of Hedge Fund Case Against Argentina in U.S. Court

Six investment groups had sought payment on securities that were linked to the South American country's economic growth.
2 minute read
March 21, 2024 | New York Law Journal

Key Delaware Decision in 'Activision' Upends Standard Board Practices for Approving Mergers

This article lays out practice points in response to the Delaware Court of Chancery's recent decision in In Ap-Fonden v. Activision, which opens a new frontier for challenging a board's process in approving mergers. It discusses the significance the decision has on the merger agreement processes as well as what practitioners should consider moving forward as they navigate this decision.
18 minute read
March 05, 2024 | New York Law Journal

Mortgage Contingency Clauses; Riparian Rights: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mason v. Pembroke NY," where a purchaser breached contract by failing to comply with mortgage contingency clause in applying for a larger mortgage than permitted by the clause, and the riparian rights case "Talmidov Inc. v. Marina Holding Corp" involving an action for quiet title, ejectment, trespass and a declaration of easement by necessity relating to land submerged by a body of water near the Sheepshead Bay neighborhood of Brooklyn.
19 minute read
February 23, 2024 | New York Law Journal

Drafting Effective Operating Agreement Indemnification Clauses: Advice from the Litigators

This article, written by litigators, is intended to inform drafters of the need for clearly delineated rights to indemnification, on one hand, and fee advancement on the other. It surveys New York's interpretation of Limited Liability Company Law §420 and identifies considerations for both indemnification and fee advancement.
6 minute read
February 02, 2024 | Daily Report Online

Who Pays? Milledgeville Asylum's Fire Dept in Flux After State Pulled Out of Funding Contract

In November 2023, the Georgia Recorder reported that the lawsuit underlying appeal is a likely catalyst for the scheduled demolition of three buildings on the hospital campus.
3 minute read
January 31, 2024 | New York Law Journal

Grounds for Invalidating a Prenup in New York

As it turns out, there are ways to invalidate prenups.
6 minute read

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