Gregg L Weiner

April 05, 2024 | New York Law Journal

This article explores the evolving contours of the implied covenant, as applied to discretionary contractual rights, and offers practical guidance for decision makers and counterparties to consider when dealing with contractual discretion.

By Gregg L. Weiner, Andrew S. Todres and Mohammed S. Hassan

8 minute read

November 05, 2021 | New York Law Journal

Litigants continue to wait for clarity on an important issue concerning cases brought under the Securities Act of 1933 in state court.

By Gregg L. Weiner, Adam M. Harris and Anne E. Conroy

9 minute read

March 17, 2021 | New York Law Journal

Even with all that the proposed legislation does to curb litigation and provide legal certainty for the parties to LIBOR-based contracts, economically aggrieved parties may still be financially motivated to sue—sometimes for very large sums of money—and will have legitimate arguments to bring.

By Gregg L. Weiner, John P. Bueker, Daniel V. Ward and Ethan Fitzgerald

8 minute read

November 25, 2016 | New York Law Journal

Gregg Weiner and Adam Harris explain why the "registration" theory for gaining jurisdiction over corporations is no longer viable under modern precedent and principles of due process, and further explores how courts have grappled with the issue.

By Gregg L. Weiner and Adam M. Harris

21 minute read

May 28, 2015 | New York Law Journal

Gregg L. Weiner and Israel David analyze 'Stratte-McClure v. Morgan Stanley,' a decision that confirms that issuers and other market participants must be vigilant of disclosure obligations under Item 303 of SEC Regulation S-K, but also confirms that there are significant limits to the extent to which liability should be imposed on this basis.

By Gregg L. Weiner and Israel David

12 minute read

May 27, 2015 | New York Law Journal

Gregg L. Weiner and Israel David analyze 'Stratte-McClure v. Morgan Stanley,' a decision that confirms that issuers and other market participants must be vigilant of disclosure obligations under Item 303 of SEC Regulation S-K, but also confirms that there are significant limits to the extent to which liability should be imposed on this basis.

By Gregg L. Weiner and Israel David

12 minute read

April 14, 2014 | New York Law Journal

Gregg L. Weiner and Israel David of Fried, Frank, Harris, Shriver & Jacobson write: 'Facebook' provides some important lessons concerning disclosures of a "trend" identified intra-quarter that has not yet materially affected revenues, sales, or income, but which arguably should be disclosed because such a trend is "reasonably expected" to have a material effect.

By Gregg L. Weiner and Israel David

17 minute read

February 27, 2014 | New York Law Journal

Gregg L. Weiner and Joshua D. Roth of Fried, Frank, Harris, Shriver & Jacobson examine the murky area of New York law surrounding contractual best effort provisions.

By Gregg L. Weiner and Joshua D. Roth

13 minute read

November 05, 2013 | Commercial Litigation Insider

In their inaugural column for CLI, Gregg Weiner and Joshua Roth of Fried, Frank, Harris, Shriver & Jacobson write that despite the ubiquity of “best efforts” provisions, New York courts have cast doubt on their enforceability.

By Gregg L. Weiner and Joshua D. Roth

12 minute read

December 12, 2011 | New York Law Journal

Gregg L. Weiner, a partner at Fried, Frank, Harris, Shriver & Jacobson, discusses the Second Circuit's analysis of the materiality issue in Hutchinson and its interpretation of Blackstone, as well as some remaining tensions or ambiguities that may exist in the Second Circuit's case law in the wake of these two decisions.

By Gregg L. Weiner

13 minute read