June 17, 2022 | New York Law Journal
A Final Agreement and a Losses Sharing Provision Might No Longer Be 'Indispensable' Elements of Joint Venture AgreementsThe full impact of the First Department's decision, on both the issue of the loss sharing provision as well as the requirement that the purported agreement be final as opposed to an agreement to agree, remains to be seen, but perhaps signals a shift from a more rigid consideration of these two elements under New York law.
By Lara Flath and Thania Charmani
7 minute read
April 13, 2022 | New York Law Journal
Corporations' Liability Shield Under the Communications Decency ActIn 'Word of God Fellowship v. Vimeo', the First Department dismissed claims of breach of contract and unjust enrichment, holding that an Internet service provider's good faith decision to remove content that it considers objectionable is immune from liability under §230(c)(1) of the Communications Decency Act.
By Lara Flath and Thania Charmani
8 minute read
February 09, 2022 | New York Law Journal
Fiduciary Duties in Arms-Length Business TransactionsThis article discusses a recent holding that diverges from the well-established principle that arms-length transactions generally do not create fiduciary obligations and arguably raises the bar for fiduciaries by expanding the scope of liability stemming from transactions that would ordinarily be shielded from scrutiny.
By Lara Flath and Thania Charmani
6 minute read
August 31, 2020 | New York Law Journal
Good Faith and Fair Dealing Revisited: The Interplay Between "Sole Discretion" Provisions, Implied Covenants and Fiduciary DutiesIn a previous article, Alexander Drylewski analyzed how the New York Appellate Division has treated causes of action for breach of the implied covenant of good faith and fair dealing in the face of a party's contractual right to exercise "sole discretion. In light of the First Department's recent decision in 'Shatz v. Chertok,' the authors revisit the topic and explore the implications of the case.
By Alexander Drylewski and Thania Charmani
8 minute read
April 03, 2019 | Legaltech News
Emerging Discovery Issues in Blockchain LitigationThe increase in litigation involving blockchain technology may give rise to issues of first impression in the discovery context as courts apply existing principles to the unique characteristics of blockchain technology.
By Stuart D. Levi, Alexander C. Drylewski, Giyoung Song and Thania Charmani, Skadden
7 minute read
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