Jeremy A. Cohen

December 09, 2024 | New York Law Journal

New York joins a growing number of states to explicitly hold that arbitration agreements entered into through a web-based “clickwrap” process are validly formed. Where such clickwrap agreements to arbitrate delegate decision-making to the arbitrator for all questions of arbitrability, once contract formation is established, it is for the arbitrator to determine enforceability and applicability.

By Jeremy A. Cohen and Lily Kim

8 minute read

April 29, 2024 | New York Law Journal

The Court of Appeals recently took up successor jurisdiction for the first time. In response to a question certified to it by the Second Circuit, the court held that an entity that acquires all of another entity's liabilities and assets also inherits the selling entity's jurisdictional status.

By Jeremy A. Cohen

7 minute read

December 27, 2023 | New York Law Journal

Governor Kathy Hochul has announced that she would not sign Bill S3100A. The bill would have prospectively banned all post-employment noncompetition agreements, and make New York just the fifth state in the nation to legislate such a ban. Thus, for now, New York stands against the tide of a nationwide trend toward curtailing the use of non-competes.

By Jeremy A. Cohen and James S. Yu

5 minute read

August 11, 2023 | New York Law Journal

Last month, the Supreme Court held that general jurisdiction can extend further without offending due process. In Mallory v. Norfolk Southern Railway, the court upheld Pennsylvania's exercise of general jurisdiction over a corporation that consented to jurisdiction as a condition of registering to do business under a statute similar to the one at issue in Pennsylvania Fire.

By Jeremy A. Cohen and Connor Bateman

8 minute read

May 14, 2007 | New York Law Journal

Marshall H. Fishman, a partner at Kramer Levin Naftalis & Frankel, and Jeremy A. Cohen, an associate at the firm, write that one prominent feature of federalism is the "dual banking" system, which countenances two types of banks - state-chartered banks and federally chartered or "national banks."

By Marshall H. Fishman and Jeremy A. Cohen

10 minute read