Gary J Mennitt

July 14, 2017 | New York Law Journal

Gary J. Mennitt and Jeff Masters write: Email and other forms of electronic communication have been commonplace for years, and people will likely increasingly rely on email for the transmission of statutory and contractual notices as well as other documents that affect legal rights. With the typical office worker receiving more than 90 emails every day on average, it is certain that disputes will continue to arise concerning whether such emails constitute actual and constructive notice.

By Gary J. Mennitt and Jeff Masters

8 minute read

June 30, 2017 | New York Law Journal

Gary J. Mennitt, Dennis H. Hranitzky, Debra D. O'Gorman and Selby P. Brown discuss the U.S. Supreme Court's new trio of civil procedure cases which confront issues of venue, general personal jurisdiction, and specific personal jurisdiction, and summarize the impact they are likely to have on forum choice.

By Gary J. Mennitt, Dennis H. Hranitzky, Debra D. O'Gorman and Selby P. Brown

9 minute read

December 19, 2016 | New York Law Journal

Gary J. Mennitt and Debra D. O'Gorman, of Dechert, examine a closely watched case of particular importance to bond lawyers, in which the Delaware Supreme Court provides guidance on questions that often arise in bondholders' rights cases, including the interpretation of the indenture, an issuer's repurchase of notes from an affiliate, the ability to repurpose an issuer's business, the scope of the implied covenant of good faith and fair dealing, and solvency in the context of avoidance claims. The Delaware Supreme Court affirmed the post-trial judgment of the Chancery Court in 'Quadrant Structured Products Company v. Vertin'.

By Gary J. Mennitt and Debra D. O'Gorman

18 minute read

May 09, 2014 | Commercial Litigation Insider

In a column for the New York Law Journal, Gary J. Mennitt, a partner at Dechert, analyzes the provisions of proposed Commercial Division Rule 34 which governs discovery of electronically stored information from nonparties, and discusses the likely impact on litigants and nonparties if the rule is adopted.

By Gary J. Mennitt

10 minute read

May 02, 2014 | New York Law Journal

Gary J. Mennitt, a partner at Dechert, analyzes the provisions of proposed Commercial Division Rule 34 which governs discovery of electronically stored information from nonparties, and discusses the likely impact on litigants and nonparties if the rule is adopted.

By Gary J. Mennitt

10 minute read

May 14, 2013 | New York Law Journal

Gary J. Mennitt, a partner at Dechert, analyzes a recent Court of Appeals ruling that provides some clarity for global financial institutions and may significantly impact the corporate organization of such entities in the future.

By Gary J. Mennitt

13 minute read

April 27, 2006 | Corporate Counsel

The Supreme Court has approved e-discovery-related amendments to the Federal Rules of Civil Procedure, thanks in part to the influence of the landmark Zubulake v. UBS Warburg case. The impending changes reflect EDD's role as a routine yet critical aspect of most litigated cases, and the changes are sure to trickle down to the state level. Attorney Gary J. Mennitt, a partner in Dechert's securities litigation group, examines the specific amendments and analyzes Zubulake's impact.

By Gary J. Mennitt

9 minute read

June 19, 2002 | New York Law Journal

TRANSACTIONAL counsel involved in mergers, acquisitions and asset sales are aware that "no binding effect" language in a letter of intent (LOI) does not have the "talismanic" effect of preventing the LOI from obligating the parties in any way. The issue examined in this article is the extent of the protection, and conversely the extent of the exposure, where such a provision is included in an LOI, especially where the provision is juxtaposed with an express requirement that further negotiations between the

By Gary J. Mennitt

12 minute read

April 24, 2006 | The Legal Intelligencer

On April 12, the U.S. Supreme Court unanimously approved, without comment, significant amendments to the Federal Rules of Civil Procedure concerning electronic discovery. Absent adverse action by Congress, those amendments will take effect on Dec. 1.

By Gary J. Mennitt

9 minute read

July 03, 2002 | New York Law Journal

R ecently the Court of Appeals reversed the First Department in a case of first impression for both courts with important implications for buyers of options to purchase cooperative apartments, and for the law with respect to options generally. The case of H.J. v. Shung Moo Louie 1 represents the first time that a properly exercised fixed-price option was not enforced by a New York court. Further, the Court of Appeals held, for the first time, that a merger and integration provision is effective notwithstand

By Earl H. Nemser And Gary J. Mennitt

13 minute read