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.
By Cassandre Coyer | July 26, 2023
Despite following a common model, the Oregon Consumer Privacy Act and the Delaware Personal Data Privacy Act have broadened definitions of sensitive data, fewer exemptions than prior bills, and a California-like definition of a sale.
Delaware Business Court Insider | Analysis
By Brad Kutner | July 18, 2023
"Companies are saying they need to make sure their disclosures are backed up by data and can respond when the questions come," said Tara K. Giunta, co-chair of Paul Hastings' ESG Risk, Strategy and Compliance Group.
By Garland A. Kelley | July 10, 2023
The new court will likely face constitutional challenges, as the Texas Constitution requires that "district" court judges be elected.
New York Law Journal | Analysis
By David Stern, Alexandra Robertson and Tessa Cuneo | June 22, 2023
In the Paraquat MDL, lawsuits generally allege that manufacturers of paraquat failed to ensure that farmworkers and others exposed to the product were adequately warned about the risk of developing Parkinson's disease.
By Brian Wanat | May 24, 2023
Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.
New York Law Journal | Analysis
By Edward E. Neiger | May 19, 2023
This issue of the Bankruptcy Update focuses on recent filings by Bed Bath & Beyond, David's Bridal and Christmas Tree Shops as the wave of retail sector bankruptcies intensifies.
New York Law Journal | Analysis
By Benjamin M. Daniels, Arila Zhou and Sabrina Galli | May 15, 2023
One year into this litigation boom, plaintiffs continue to sue SPAC management, founders, and sponsors for various alleged breaches of fiduciary duties. A recent decision—Delman v. GigAcquisitions3—could accelerate that trend and portend a narrowing of available defenses.
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