Corporate Entities

  • Corporate Counsel | Expert Opinion

    Bitcoin and Blockchain: What Will Survive If the Bubble Bursts?

    By Seth Berman | February 16, 2018

    This past year has seen Bitcoin and other cryptocurrencies rise to dizzying valuations—Bitcoin, for example, rose 1500% in a year. In the last few weeks, the market for cryptocurrencies has become extremely volatile. Bitcoin has gained or lost more than 20% of its value over the course a few trading days multiple times. It is currently trading at about 70% below its peak value of only a few weeks ago

  • New York Law Journal | Analysis

    Implied Partnerships and the Importance of Shared Losses

    By Thomas J. Hall | February 15, 2018

    In his Commercial Division Update, Thomas J. Hall writes: When there is no enforceable partnership agreement, the party seeking to establish an implied partnership must show that a partnership nevertheless exists based on the conduct, intention and relationship between the parties. Although no one factor is determinative, recent Commercial Division decisions have placed a heightened emphasis on the factor of shared losses.

  • The Recorder | News

    Alsup Certifies a Class of Uber Drivers in Suit Over Fees

    By Ross Todd | February 15, 2018

    U.S. District Judge William Alsup of the Northern District of California certified a class of Uber drivers Wednesday in a case claiming the company takes an oversized chunk of ride fees.

  • National Law Journal | News

    Regulators' Inquiries Into Aetna Claims Review Practices Not Likely to Derail CVS Merger: Lawyers

    By Kristen Rasmussen | February 14, 2018

    Insurance commissioners in California and Colorado recently announced plans to scrutinize Aetna's practices for granting and denying health care claims—developments that in and of themselves are unlikely to be deal breakers in the insurance giant's proposed $69 billion merger with CVS Health, corporate lawyers say.

  • New York Law Journal | Analysis

    Corporate Tax Changes in New Tax Law

    By David E. Kahen and Elliot Pisem | February 14, 2018

    Taxation columnists David E. Kahen and Elliot Pisem write: Public Law 115-97, the “tax reform” legislation enacted last December, effected major changes to federal income tax law. While many of the changes are of relevance specifically to individuals, others affect all businesses, regardless of their form of organization, and some are particularly relevant to corporate taxpayers. David E. Kahen and Elliot Pisem are members of the law firm of Roberts & Holland.

  • New York Law Journal | Analysis

    Better Late Than Never

    By David J. Kaufmann | February 14, 2018

    Franchising columnist David J. Kaufmann writes: For the first time ever, a New York court has held that late delivery of a franchisor's Franchise Disclosure Document, standing alone, will not trigger liability unless the subject franchisee is able to prove that it sustained damages as a result of late FDD delivery.

  • New York Law Journal | Analysis

    Business Divorce Cases of 2017 Focus on Oppression, Valuation and LLC Issues

    By Peter A. Mahler and Matthew D. Donovan | February 14, 2018

    New York courts last year decided an impressive array of business divorce cases involving closely held corporations, partnerships, and limited liability companies.

  • Daily Business Review | Commentary

    Plaintiff Class Gets Its Foot in the Courthouse Door in Data Breach Lawsuit

    By Justin Guido, Jacey Kaps and Steve Berlin | February 14, 2018

    Data breach is today's hot button issue. And it just got hotter. On the heels of major data breaches at Equifax and Uber, the U.S. Supreme Court is confronted with the question of whether it will resolve a threshold issue in all data breach class actions—was the plaintiff class actually injured?

  • The Recorder | Expert Opinion

    Taking Stock of New Employees and Their Computer Crime Baggage

    By Dan Terzian | February 14, 2018

    When people switch jobs, both sets of employers face known risks. The former employers risk their former employees decamping with their trade secrets. And the new employers risk inviting trade secret lawsuits.

  • New York Law Journal | Analysis

    Multi-Jurisdiction Shareholder Derivative Actions Redux

    By Mark D. Harris and Margaret A. Dale | February 13, 2018

    Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: The principles set forth in 'Alvarez' create many opportunities for strategic litigation. The decision makes it abundantly clear that both plaintiffs and defendants will need to be extremely diligent at the outset of a lawsuit to utilize the advantage or defeat the threat of collateral estoppel.

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