Analysis

  • New York Law Journal | Analysis

    'Daimler' Strikes Again

    By David Paul Horowitz and Lukas M. Horowitz | February 19, 2019

    In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss the recent decision in 'Aybar', in which the Second Department confronted the question of whether a foreign corporation's registration to do business in New York under BCL §§1301(a) and 1304(a)(6) constitutes consent to general jurisdiction in New York. The decision effectively shuts the door, for now, to a New York court's exercise of general jurisdiction over a corporate defendant which is neither incorporated, nor maintains it principal place of business, in New York.

  • New York Law Journal | Analysis

    Can Employers Enforce Non-Competes Against California Employees?

    By Jeffrey S. Klein and Nicholas J. Pappas | February 5, 2019

    Employment Law columnists Jeffrey S. Klein and Nicholas J. Pappas analyze 'NuVasive', and consider the extent to which §925 may provide employers with operations in California an opportunity to use the Represented Employee Exception to enforce non-competition agreements against California employees.

  • The Recorder | Analysis

    Far From 'Slam Dunk,' Google Shareholder Suits Latest in Wave of #MeToo Derivative Actions

    By Ian Lopez | January 14, 2019

    Alphabet has been hit with a pair of shareholder derivative suits claiming that board members hurt shareholder value by covering up a lengthy pattern of gender discrimination and sexual harassment perpetrated by Google executives.

  • New York Law Journal | Analysis

    Realignment of Corporate Defendant, Motion to Suppress, FTCA Action

    By Harvey M. Stone and Richard H. Dolan | January 10, 2019

    In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss three recent decisions, one which declined to realign a corporate defendant as a plaintiff in a diversity action; another which dealt with various issues in connection with a motion to suppress evidence in a criminal case; and the last which dismissed an action brought under the Federal Tort Claims Act relating to a murder in Panama.

  • The American Lawyer | Analysis|News|Profile

    Is UnitedLex the Future? Dan Reed Thinks So.

    By Roy Strom | January 1, 2019

    The alternative legal service provider's CEO has a vision that could forever alter the legal industry. Can he win enough converts to upend the legal job market? Or will UnitedLex turn out to be just another part of the fossil record?

  • New York Law Journal | Analysis

    Recent Restructurings in the Pharmaceutical Industry

    By Edward E. Neiger | December 28, 2018

    In this issue of the Bankruptcy Update, Edward E. Neiger focuses on recent restructurings in the pharmaceutical industry, including Aralez Pharmaceuticals, Egalet Corporation and Synergy Pharmaceuticals.

  • The American Lawyer | Analysis

    Lawyer Misconduct Stories That Made Waves in 2018

    By Scott Flaherty | December 28, 2018

    Lawyers got a lot of press in 2018, and some of it stemmed from allegations of serious misconduct.

  • New York Law Journal | Analysis

    Mootness Fees in Disclosure-Focused Deal Litigation

    By Joseph M. McLaughlin and Shannon K. McGovern | December 12, 2018

    In their Corporate Litigation column, Joseph M. McLaughlin and Shannon K. McGovern write: “Mootness fees” to plaintiffs' counsel after a voluntary dismissal have become a standard feature of deal litigation resolved before a stockholder motion to enjoin a transaction based on alleged proxy disclosure deficiencies is decided. The authors explain the important differences between disclosure-only settlements and mootness fees when resolving such litigation and discuss a recent relevant decision currently on appeal to the Seventh Circuit.

  • New Jersey Law Journal | Analysis

    The California Consumer Privacy Act: What You Need to Know

    By Mark G. McCreary | December 1, 2018

    Before you assume that the CCPA will not affect you because your business is not located in California, know that companies both inside and outside of California will be affected by its requirements.

  • New York Law Journal | Analysis

    Dual Class Stock: The Shades of Sunset

    By John C. Coffee Jr. | November 14, 2018

    Corporate Securities columnist John C. Coffee Jr. writes: The most important issue in corporate governance today is dual class capitalization, and the most important recent development is the petition submitted on Oct. 24, 2018 by the Council of Institutional Investors (CII) to both the New York Stock Exchange and Nasdaq, asking them to place a “sunset” on differentials in voting rights.

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