Joshua D Roth

April 13, 2022 | New York Law Journal

While 'McConnell' and 'Cicel' may provide a basis for companies to terminate a contract based on FCPA violations by a counterparty, there is uncertainty about how a New York court will analyze any related breach claim, including the degree of connection that a court will require between the FCPA violation and the counterparty's performance under the contract.

By Joshua D. Roth and Arthur Kutoroff

9 minute read

May 05, 2016 | New York Law Journal

In their Corporate Crime column, Steven M. Witzel and Joshua D. Roth provide an overview of the facts surrounding the DOJ's legal fight with Apple, examines the legal framework that governs hacking, and concludes that courts should more closely supervise the government when it engages in such activities.

By Steven M. Witzel and Joshua D. Roth

23 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

February 11, 2013 | New York Law Journal

Kevin J. Harnisch, Steven M. Witzel and Joshua D. Roth of Fried, Frank, Harris, Shriver & Jacobson examine the evolution of the "facilitating payments" exception to the Foreign Corrupt Practices Act, the new DOJ/SEC Guide's treatment of that exception, and the extent to which such payments remain permissible.

By Kevin J. Harnisch, Steven M. Witzel and Joshua D. Roth

12 minute read