February 10, 2023 | New York Law Journal
Bankers Beware: The Reach of the Procuring Cause Standard'Morpheus' and 'Dominik' raise the prospect that courts—and certainly parties litigating an investment banking fee—will be tempted to stack the deck in favor of a vague and fact-specific procuring cause standard. Once again, bankers beware.
By Curtis Leitner and MarcAnthony Bonanno
9 minute read
November 14, 2022 | New York Law Journal
Bankers Beware: The Judicial Divide Over Customary Investment Banking FeesOver the past few decades, a deep split has developed between New York's state and federal courts over the enforceability of fee provisions incorporating general commercial practice. The First Department has upheld them, but federal judges in the Southern District have invalidated them as unenforceable "agreements to agree."
By Curtis Leitner, Peter Gennuso and MarcAnthony Bonanno
8 minute read