By Michael W. Mitchell and Edward Roche | March 15, 2022
The law on specific personal jurisdiction is difficult to apply. This case—likely to be one of many such examples—shows why.
New York Law Journal | Analysis
By Matthew Solum | December 21, 2021
The 'Golden Rule' court's decision provides yet another reason why the seller's calculations should be carefully scrutinized before closing.
New York Law Journal | Analysis
By Edward E. Neiger | December 20, 2021
In this issue of his Bankruptcy Update, Edward E. Neiger focuses on recent successful restructurings of information technology companies Riverbed Technology and GTT Communications.
New York Law Journal | Analysis
By Anthony E. Davis | November 24, 2021
This article considers some of the ethics opinions issued since the beginning of the pandemic that have addressed if, when and to what extent it is permissible for attorneys to work remotely from a state where they are not admitted.
New York Law Journal | Analysis
By Robert A. Schwinger | November 22, 2021
In his Blockchain Law column, Robert Schwinger raises the question: "How far is too far when it comes to litigating crypto in the United States?"
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 22, 2021
In this edition of their Corporate Governance column, David A. Katz and Laura A. McIntosh write that boards of directors should thoughtfully review their board committee structures to determine if there is sufficient management oversight of mission-critical company and industry risks and, where appropriate, consider reallocating responsibilities among various board committees, with corresponding updates to committee charters.
New York Law Journal | Analysis
By Nathaniel Kritzer, Elizabeth Cassady and Evan Goldstick | September 1, 2021
This article explores the limits that three frequently chosen bodies of state law—California, New York, and Delaware—place on the enforceability of two common provisions: non-reliance terms and fraud waivers or releases.
New York Law Journal | Analysis
By David J. Kaufmann | August 27, 2021
The reach of franchise relationship laws is broad, subsuming many licensing and distributorship relationships not normally considered franchises, and penalties for statutory noncompliance can be dramatic.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | June 25, 2021
For this edition of their Corporate Insurance column, Howard B. Epstein and Theodore A. Keyes teamed up with their insurance broker colleagues at Alliant Insurance Services to co-author a discussion of insurance issues associated with the SPAC-related lawsuits, which can be complex because they implicate three separate D&O insurance programs.
New York Law Journal | Analysis
By Paul P. Rooney | June 8, 2021
Despite backlash against covenants not to compete, some employers have continued to include provisions that increase their power over their employees. Employers should carefully consider whether including such provisions is worth the risk they pose to enforceability of the covenant.
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