The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | January 7, 2021
The 2020 pandemic and resulting economic upheaval has left many sectors of the economy— and employees and others who depend on them—in distress. Others have navigated the current environment better than expected.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Diane J. Kim | December 23, 2020
In City of Chicago v. Fulton, the U.S. Supreme Court is poised to rule on whether a creditor must, under the automatic stay provision of the Bankruptcy Code, affirmatively return property to a debtor once she files a petition for relief.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | December 17, 2020
The automatic stay is arguably the most important protection the Bankruptcy Code provides a debtor. Sophisticated creditors know that actions taken in violation of the stay can result in serious judicial sanctions.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | December 16, 2020
Section 220 of the Delaware General Corporation Law permits a stockholder to inspect corporate books and records for a "proper purpose" reasonably related to her interests as a stockholder.
Delaware Business Court Insider | Commentary
By Steve Schain | December 14, 2020
With 44 million consumers banging on its door, and $950 million of revenue projected over the next three years, New Jersey's adult use marijuana program is poised to define cannabis across the eastern seaboard.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | December 9, 2020
A long line of cases has held that a standard indemnification provision in a bilateral commercial contract will be presumed not to provide for fee-shifting with respect to claims between the contracting parties absent a clear and unequivocal articulation of an intent to do so.
Delaware Business Court Insider | Commentary
By Joanna J. Cline and Emily L. Wheatley | November 25, 2020
In a recent decision, the Delaware Court of Chancery faced the increasingly common situation in which parties' contractual provisions select Delaware law to govern the parties' disputes in an apparent attempt to bypass the law of another state that otherwise would be applicable.
Delaware Business Court Insider | Commentary
By Nathaniel J. Stuhlmiller and Taylor D. Anderson | November 11, 2020
A traditional stockholder rights plan remains one of the most effective tools a board of directors may use to protect the corporation's stockholders from the threat of a hostile or abusive takeover.
Delaware Business Court Insider | Commentary
By Brian M. Lutz and Colin B. Davis | November 11, 2020
Vice Chancellor Morgan T. Zurn's recent decision in Rudd v. Brown reaffirms longstanding Delaware law protecting director decision-making in M&A transactions, even where Revlon duties apply and an activist has threatened the board members with a proxy campaign.
The Legal Intelligencer | Commentary
By Karen Riesenburger Poppel | November 9, 2020
IPRs are typically filed by the defendant/accused infringer in a concurrently pending federal patent infringement case. Because the IPR can result in the targeted patent claims being cancelled, there is the possibility that the concurrently pending federal litigation will be resolved (either through judgment or settlement).
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