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.
The American Lawyer | Analysis
By Samantha Stokes | September 10, 2019
A crisis can become an opportunity, if a firm responds well to a challenge.
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.
Delaware Law Weekly | Analysis
By Victoria Hudgins | August 28, 2019
Some U.S. senators have expressed their interest in finding out how large tech companies are storing and sharing audio recordings and their transcripts. Sen. Chris Coons, D-Delaware, for instance, received a letter in June from Amazon.com Inc. after he requested information regarding Echo's data deletion policy.
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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