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Coverage of agreements details involving mergers and acquisitions and the buying and selling of goods and services.
By Craig R. Tractenberg | December 21, 2023
Commercial arbitration is increasing in frequency and value. Recent cases have addressed two emerging issues. The first is whether a nonsignatory to an arbitration clause can compel or avoid arbitration. The second, more novel issue, is whether a nonsignatory can compel another nonsignatory to arbitration.
5 minute read
By Paul F. Millus | December 20, 2023
The written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.
11 minute read
By Samuel Estreicher | December 20, 2023
In his Foreign Relations Law column, Samuel Estreicher discusses two cases out of the Southern District of New York, in which the court entered a judgment of $16.1 billion in damages against Argentina (one of the largest—if not the largest—judgments in the court's history) relating to conduct occurring nearly entirely outside the United States.
6 minute read
By Scott Mollen | December 19, 2023
Scott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
15 minute read
By Adrienne B. Koch | December 19, 2023
In this last article of her four-part series, Adrienne Koch discusses two types of provisions parties use to limit actual damages— waivers of consequential damages, and waivers of the right to seek money damages altogether.
6 minute read
By ALM Staff | December 19, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Emily Saul | December 18, 2023
Plaintiff HBK Master Fund filed suit against NewRez LLC and Deutsche Bank National Trust Co., alleging the mortgage lender shorted trust investors by some $3.25 million.
2 minute read
By ALM Staff | December 18, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Emily Saul | December 15, 2023
Daher Aerospace Inc. is suing Triumph for fraudulent inducement of contract and breach of contract, claiming the Pennsylvania-based company did not reveal they were in continuous breach of multiple key preexisting customer contracts, including with their largest client, Boeing.
3 minute read
By Emily Saul | December 15, 2023
Daher Aerospace Inc. is suing Triumph for fraudulent inducement of contract and breach of contract, claiming the Pennsylvania-based company did not reveal they were in continuous breach of multiple key preexisting customer contracts, including with their largest client, Boeing.
3 minute read
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/