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New York Law Journal

Lost Profits Award for Breach of a License Agreement Cannot Rely on Comparison Between Recent Entrant and Market Behemoth

In their Technology Law column, Richard Raysman and Peter Brown discuss recent opinions that illustrate the difficulties in obtaining a lost profits award when premised on conjectural comparisons between the prevailing party and an established, if not leading presence in the relevant market.
7 minute read

New York Law Journal

Trump's Antitrust Enforcers: Limited Intervention Remains the Most Likely Approach

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: A slew of departures from the two agencies with shared responsibility for federal antitrust enforcement followed the entrance of the new administration into office, presenting President Donald J. Trump with an unprecedented opportunity to reconfigure the U.S. antitrust landscape through several key appointments.
32 minute read

New York Law Journal

Litigation

In this Special Report, sponsored by TASA: "AI in Discovery: The Future Is Now," "Second Circuit Clarifies Cross-Border Reach of Fifth Amendment Protections," "The Laborious Task of Litigating NY State Labor Law Claims: A Pre-Trial Defense Perspective," "Impact of 'Trulia' on Merger Litigation in State and Federal Courts," "Defending Against 'Reptile Theory' Trial Strategy in Tort Litigation" and "Limiting the Use of Corporate Depositions to Their Proper Purpose."
2 minute read

Daily Business Review

Investors Accused of Rigging Foreclosure Auctions Bought More Than 1,200 Properties

Three real estate investors accused of rigging bids in Palm Beach County won 1,363 properties, but walked away from 109 of the deals, forfeiting $427,000…
12 minute read

New York Law Journal

Second Circuit Clarifies Cross-Border Reach of Fifth Amendment Protections

Lewis Wiener, James Southworth and Kymberly Kochis are partners, and Francis X. Nolan write: Understanding the authority—and limitations—of regulatory power in different jurisdictions in a global economy can save companies, their executives and their employees from unnecessary criminal and civil litigation.
16 minute read

New York Law Journal

Limiting the Use of Corporate Depositions to Their Proper Purpose

Ian Shapiro implores courts and practitioners to limit the use of Rule 30(b)(6) depositions—and their Rule 11-f analog under the CPLR—to their proper and intended purpose.
19 minute read

New York Law Journal

Impact of 'Trulia' on Merger Litigation in State and Federal Courts

John A. Neuwirth, Joshua S. Amsel, Christine T. Di Guglielmo and Evert J. Christensen Jr. write: Since 'Trulia', there has been a decline in Delaware in the number of run-of-the-mill challenges to nearly every public company merger transaction. But while the volume of merger litigation in Delaware has been on the decline, there has been a noticeable surge in filings in other jurisdictions, particularly federal courts.
19 minute read

New York Law Journal

The Laborious Task of Litigating NY State Labor Law Claims: A Pre-Trial Defense Perspective

Matthew Rice, Joseph Rava and Peter Read write: Almost any accident on a construction site, especially those involving elevation-related hazards, may subject owners, general contractors and subcontractors to liability and, in some cases, absolute liability. The defense must focus on defeating liability, transferring risk and reducing the damages claim.
10 minute read

New York Law Journal

Defending Against 'Reptile Theory' Trial Strategy in Tort Litigation

Gregg D. Minkin and Jedidiah M. Bernstein write: It is imperative that the Defense bar in New York bring the Reptile strategy to the court's attention and begin to develop the law in that regard.
8 minute read

New York Law Journal

AI in Discovery: The Future Is Now

Robert J. Burns, Benjamin R. Wilson, Joan M. Washburn write: A well-designed and well-executed process utilizing Continuous Active Learning technology might be what you—and your client, your adversary, and your judge—are seeking to minimize costs, maximize efficiency, and fast-track your case to its more fruitful, and more enjoyable, stages.
8 minute read

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