Analysis

  • The Legal Intelligencer | Analysis|News

    Midsize Firms Offer Flexibility to International Clients

    By Lizzy McLellan | The Legal Intelligencer | October 16, 2017

    Bigger isn't always better when a firm wants to practice internationally.

  • The Recorder | Analysis

    At High Court, Just One IP Case That Matters

    By Scott Graham | The Recorder | October 16, 2017

    After several IP-heavy seasons, the 2017 term at the U.S. Supreme Court looks to be a quiet one for intellectual property—with one big exception.

  • New York Law Journal | Analysis

    September CFIUS Roundup: Lessons and Things to Watch

    By Mario Mancuso and Luci Hague | October 16, 2017

    Mario Mancuso and Luci Hague discuss certain key CFIUS developments and related takeaways for boards and deal professionals.

  • New York Law Journal | Analysis

    A Review of 'Myers v. Schneiderman'

    By Lynn K. Neuner and William T. Russell Jr. | October 16, 2017

    In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. write: The constellation of opinions in Myers reinforces historical statutes, cases, a State Task Force, and legislative activity that all come out in support of imposing criminal penalties in New York on individuals, including physicians, who intentionally act to aid a person in committing suicide.

  • New York Law Journal | Analysis

    At the Intersection of Section 1782 Subpoenas and Personal Jurisdiction

    By Edward M. Spiro and Judith L. Mogul | October 16, 2017

    In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision that examined the question of what jurisdictional contacts are necessary to obtain discovery from a nonparty through a subpoena served pursuant to 28 U.S.C. §1782, which authorizes a court to order discovery for use in a foreign proceeding.

  • New York Law Journal | Analysis

    Does Our Digital Age Require New Fourth Amendment Rules?

    By Shari Claire Lewis | October 16, 2017

    In her Internet Issues/Social Media column, Shari Claire Lewis writes: We live in a world where cellphones are omnipresent. It is perhaps no coincidence, therefore, that cellphones are at the heart of a case currently pending before the U.S. Supreme Court, 'Carpenter v. United States,' that may result in a new 21st Century standard for searches and seizures under the Fourth Amendment.

  • New York Law Journal | Analysis

    Interpreting Dwelling Clauses in Homeowners' Policies

    By Kelsey Shannon and Martin Lynn | October 14, 2017

    Kelsey Shannon and Martin Lynn write: What does it take to qualify one's home as one's "residence?" The case law unfortunately does not provide much certainty. There are a couple well-established principles. First, "[t]he standard for determining residence requires something more than temporary or physical presence and requires at least some degree of permanence and retention to remain." And second, a person can have more than one "residence" for purpose of insurance coverage. But that's about it.

  • New York Law Journal | Analysis

    'Burlington': Duty to Defend Additional Insureds Still Going Strong

    By John Sparling, Scott Shapiro and Giancarlo Stanton | October 14, 2017

    John Sparling, Scott Shapiro and Giancarlo Stanton write: Focused and timely risk management practices can help alleviate the time and cost of problems post-Burlington. These practices may include (1) review and verify additional insured endorsements and certificates in advance of project work, (2) aggressive risk transfer practices in the face of inappropriate declinations, and (3) good contract review and business partner practices.

  • New York Law Journal | Analysis

    Transaction Liability Insurance: Where Corporate Deals, Insurance Claims-Handling Intersect

    By William G. Passannante and Carrie Maylor DiCanio | October 14, 2017

    William G. Passannante and Carrie Maylor DiCanio provide some strategies to obtain the coverage purchased and facilitate efficient resolution of R&W insurance disputes.

  • New York Law Journal | Analysis

    When Computer Fraud Is Not 'Computer Fraud'

    By Jeremy M. King | October 14, 2017

    Jeremy M. King writes: Surprisingly, many courts have found that "Computer Fraud" coverage does not apply to a common form of Internet fraud—the email scam—and coverage will depend upon the state's law that applies to the policy. Policyholders need to know the scope of the coverage they have purchased in order to determine whether they are exposed to risks that fall within less-than-obvious gaps in that coverage.

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