New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | October 19, 2023
Historically, New York courts have viewed the internal affairs doctrine as strict and mandatory; however, they have recently softened this approach and apply a more discretionary standard. This article examines the evolution of these judicial approaches and recent Commercial Division cases reflecting their application.
The American Lawyer | Analysis
By Justin Henry | October 12, 2023
"What I've seen is law firm GCs are starting to be viewed less like law firm lawyers and more like members of the corporate team, like the CFO or the COO," said William Connolly, the new general counsel and chief legal officer at Nixon Peabody.
New York Law Journal | Analysis
By Jacqueline G. Veit, Elizabeth C. Conway and Kelsey J. Davis | October 10, 2023
Corporate attorneys and clients will be relieved to learn of a federal jury verdict and judge's decision that, together, limit the potential reach of the "duty to negotiate in good faith" that can arise during the early phase of a potential transaction.
New York Law Journal | Analysis
By William G. Passannante and Raymond A. Mascia Jr. | October 1, 2023
In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
By Edward D. Lanquist and Dominic Rota | September 26, 2023
The U.S. Supreme Court's opinion in Andy Warhol Foundation v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as "art critics." Many, however, downplay how the Supreme Court's decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
New York Law Journal | Analysis
By Richard J. Bernard and Roya Imani | September 17, 2023
In this article, Richard J. Bernard and Roya Imani explore the challenges faced by U.S. debtors aiming to qualify for Chapter 15 recognition.
National Law Journal | Analysis
By Brad Kutner | August 22, 2023
"If your company is under enforcement investigation, to see smart judges disagree, it could give the company the idea to fight it," said Akin Gump Strauss Hauer & Feld white collar partner Parvin Daphne Moyne.
New York Law Journal | Analysis
By Patrick M. Connors | August 21, 2023
This piece summarizes several significant civil procedure decisions handed down by the New York Court of Appeals during its 2022–23 term, including an important one revisiting the primary assumption of risk doctrine. We also discuss decisions addressing the CPLR's relation back doctrine, long arm jurisdiction under CPLR 302, and a dispute between the Baltimore Orioles and Washington Nationals stemming from an arbitration conducted by Major League Baseball.
New York Law Journal | Analysis
By Leslie A. Berkoff | August 7, 2023
Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | July 28, 2023
Delaware Chancery Court dismisses shareholder derivative suit challenging Block's acquisition of TIDAL—a music streaming company associated with Jay-Z—for failing to adequately plead demand futility.
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