November 14, 2022 | New York Law Journal
The Business Case for Opting Out of High Value Class ActionsThe fact that remaining in the class is still the default is not surprising. However, this is arguably changing and will continue to do so as GCs and CFOs face growing economic pressure to maximize the value they extract from their companies' litigation assets.
By Mark N. Klein
6 minute read
November 14, 2022 | New York Law Journal
Modern Real Estate Financing Subject to Ancient 'Clogging' ChallengesAlthough the pandemic may have ended, "clogging" challenges remain and real estate practitioners should be aware of the origins and potential impacts of same, as discussed in this article.
By Jason A. Stern
6 minute read
November 11, 2022 | New York Law Journal
In Memoriam: Richard LiebFor decades, he was one of New York City's leading bankruptcy lawyers, a mentor to dozens of young attorneys and a dedicated professor of bankruptcy law.
By Cooley
4 minute read
November 11, 2022 | New Jersey Law Journal
Lawyers Can Thank Veterans Throughout Our Profession"Freedom isn't free" isn't just a catchy phrase, so try to jump in and make a difference in your county and do not wait for someone else to move your county in the right direction.
By Thomas Roughneen
8 minute read
November 10, 2022 | Texas Lawyer
When Domestic Violence Is a Two-Way Street, Terminating Both Parents' Rights May Be in the Best Interest of the ChildThis article looks at a case where the court found that domestic violence was, in fact, perpetrated by both the husband and wife. As a result, there were severe consequences for their children.
By Elisa Reiter and Daniel Pollack
8 minute read
November 09, 2022 | New Jersey Law Journal
Hedge Funds? Chatbots? Only Lawyers Should Offer Legal ServicesThe risk of law practices being taken over by corporate America—wealth-management and big accounting firms, private-equity ventures and other financial institutions—continues with each passing year.
By Jeralyn L. Lawrence
5 minute read
November 09, 2022 | New York Law Journal
Extreme Weather and Chemical and Waste Management RegulationsSeveral regulations exist to protect chemical and waste facilities against extreme weather events. It is not clear that they all are being adequately implemented, and the existing rules leave many holes.
By Michael B. Gerrard and Edward McTiernan
10 minute read
November 09, 2022 | New York Law Journal
Securities Act Claims, Vehicle Seizures, Plea WaiverIn this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including: dismissal of claims under §§11 and 15 of the Securities Act based on alleged failures to disclose COVID-related risks; partial grant of a motion for summary judgment in an action challenging seizure of vehicles on constitutional grounds; and a holding that a plea waiver was unenforceable because the statute underlying the conviction had been rendered unconstitutional in another case.
By Harvey M. Stone and Richard H. Dolan
9 minute read
November 09, 2022 | Law.com
Tenth Circuit Clarifies Ancillary Enforcement JurisdictionThe circuit court held "if a federal court had jurisdiction [over] the principal action, it may hear an ancillary proceeding, regardless of the citizenship of the parties, the amount in controversy, or any other factor that normally would determine subject matter jurisdiction" if the case is brought "to assist in the protection and enforcement of federal judgments—including attachment, mandamus, garnishment, and the prejudgment avoidance of fraudulent conveyances."
By Stephen Masciocchi and Tina Van Bockern
9 minute read
November 09, 2022 | New York Law Journal
When Is Employment Law Advice Privileged—or Not?The privileged nature of the advice and counsel of employment lawyers must not be taken for granted, and it is hoped that the court's ruling in 'In re Grand Jury' will clarify and provide clear guidelines regarding the privilege's application to counsel's activities.
By Philip M. Berkowitz
7 minute read