New York Law Journal | Analysis
By Joseph Casino and Michael J. Kasdan | March 27, 2023
AI chatbots that have come into wide use in the past months, like ChatGPT, have caused a massive stir in their own right, demonstrating that sentience is not required for AI technology to be massively disruptive and to raise a host of complex social, business and legal questions.
New York Law Journal | Analysis
By Edward E. Neiger | March 17, 2023
This issue of the Bankruptcy Update focuses on recent retail sector bankruptcy filings by Party City, Tuesday Morning and Independent Pet Partners.
Delaware Business Court Insider | Analysis
By Isha Marathe | February 9, 2023
AI-generated art is the wild west of copyright infringement, but Getty Images throwing its hat in the ring is likely to have significant legal ramifications for the budding technology.
New York Law Journal | Analysis
By Edward E. Neiger | January 4, 2023
This issue of the Bankruptcy Update focuses on FTX, BlockFi and Core Scientific bankruptcy cases as crypto-related filings continue to dominate the bankruptcy landscape.
New York Law Journal | Analysis
By Jacob H. Hupart, Douglas Baumstein, Jonathan L. Kravetz, Will G. McKitterick and Ellen Shapiro | December 15, 2022
Recent developments in the Court of Chancery concerning a corporate board's duty to monitor and provide oversight over a corporation's operations—so-called 'Caremark' claims—are likely to intersect with the SEC's proposed new ESG disclosure obligations to create a new category of corporate risk. This article discusses the recent trends in Delaware law that have led to a revitalization of 'Caremark' and the SEC's current proposals for enhanced ESG disclosure.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | December 13, 2022
There is no doubt that cyber attacks are here to stay and that companies will continue to face lawsuits as a result of being hacked. Although consumer and shareholder class actions have traditionally been the focus of the plaintiffs' bar in this area, derivative lawsuits are on the rise.
New York Law Journal | Analysis
By Nicholas J. Pappas | December 6, 2022
In this edition of his Employment Law column, Nicholas Pappas discusses 'Ien v. TransCare (In re TransCare)', a bankruptcy court decision that has allowed Chapter 7 trustees to assert claims for breach of fiduciary duty against officers and directors for causing the debtor to violate the WARN Act. He also offers some practical suggestions employers should consider while contemplating compliance with the WARN Acts.
New York Law Journal | Analysis
By Matthew L. Levine | November 29, 2022
This first article in a two-part series discusses a number of important self-reporting requirements for entities supervised by the New York State Department of Financial Services (DFS) with a focus on banking organizations, money service businesses, cryptocurrency firms, and insurance companies.
New York Law Journal | Analysis
By Morgan R. McCord | November 17, 2022
Over the summer, the U.S. Court of Appeals for the Second Circuit answered the open question of whether the Bankruptcy Code's automatic stay provisions are violated by the foreclosure sale of a property when the debtor is a named defendant in the foreclosure proceeding, even if the debtor's interest in the property is only possessory, in the affirmative.
New York Law Journal | Analysis
By John C. Coffee Jr. | November 16, 2022
Is it (or when is it) legitimate for corporate management to reject a nomination in a director election (given that management is usually self-interested)? This column's answer will be that an independent corporate board is entitled to take actions (including through bylaws amendments) that generate greater transparency and material information—subject to judicial review.
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