New York Law Journal | Analysis
By William G. Passannante | October 11, 2019
The transition in progress from the "profits only" approach of Friedman to an ethos embedded in the legislation proposed by Senator Warren and the public statements of CEO's of public companies will alter corporate behavior and so, inevitably, the D&O liability and insurance landscape.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | October 9, 2019
In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern discuss the recent pair of federal court decisions—'House v. Akorn' and 'Scott v. DST Systems'—which highlight courts' willingness to probe supplemental disclosures to ascertain whether shareholders received a material benefit warranting an award of attorney fees, as part of a settlement or otherwise.
New York Law Journal | Analysis
By Jennifer Pastarnack | October 7, 2019
This article highlights legal issues that may be oversimplified in current platforms and pose significant risks to buyers and sellers. While there are additional types of claims traded in the market, this article will focus on trade claims, also known as vendor claims.
New York Law Journal | Analysis
By David J. Kaufmann | September 25, 2019
In his Franchising column, David J. Kaufmann writes: The "progressive" effort to have franchisors declared the employers of their franchisees may have become law in California under a bill (AB-5) just enacted by its Legislature and signed into law on Sept. 18, 2019 by Gov. Gavin Newsom.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | September 17, 2019
Courts have wrestled with how to interpret provisions in D&O liability insurance policies defining related claims and interrelated wrongful acts. While New York courts appear to interpret these clauses broadly, recent Delaware case law suggests that Delaware courts will construe the clauses more narrowly. In their Corporate Insurance Law column, Howard Epstein and Theodore Keyes use the recent case 'Pfizer v. Arch Insurance' to discuss this issue.
Delaware Business Court Insider | Analysis
By Frank Ready | September 5, 2019
The U.S. may be leading the worldwide race in AI, but its own patent laws could be making it difficult for AI software companies and inventors to successfully obtain protection for their ideas.
New York Law Journal | Analysis
By Andrew T. Garbarino | August 28, 2019
To avoid litigation, government intervention and public relations fiascos, a board must address cybersecurity on an ongoing basis.
Delaware Business Court Insider | Analysis
By Margaret A. Dale and Mark D. Harris | August 13, 2019
Mark D. Harris and Margaret A. Dale discuss a recent opinion issued by the U.S. Bankruptcy Court for the District of Delaware, which held that a liquidation trustee who brought claims initially raised in an adversary proceeding by an unsecured creditors committee did not have standing to assert derivative claims on behalf of the debtor. The ruling raises a number of questions, which the authors address.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | August 5, 2019
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'GN Netcom v. Plantronics', which serves as a reminder to parties and practitioners of the key importance of experts—and their testimony—as part of discovery. And, importantly, it also highlights the potential significant impact of insufficient discovery processes on the overall outcome of matters.
New York Law Journal | Analysis
By Barbara M. Goodstein | July 31, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge to UCC commentators in guiding courts and practitioners effectively through the world of consignments.
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