Lights, Camera, Action: Effective Strategies To Avoid Ethics Violations Practicing Virtually

Meeting our ethical duties takes conscious effort, but it can make the difference between keeping your team on the right side of the line and facing avoidable sanctions.

A Data-Driven Analysis of Spoliation Risk in the Top Five Largest States by Population

Like the number of lawsuits filed generally, the number of spoliation disputes decided in various state courts pales in comparison to the number decided in New York.

Increasing Regulatory Protections in Foreign Markets

Many regulators have become more comfortable examining and punishing extraterritorial conduct, as long as it impacts their home market in some manner.

Not My Brother’s Keeper: Understanding the Duty To Preserve Non-Party Consultant Documents

When litigation against the company concerning a deal becomes imminent and the company must take steps to preserve documents, a question may arise with respect to consultant’s documents. Notwithstanding the fact that such consultants are non-parties and separate legal entities from the company that retained them, must the company take steps to ensure that consultants’ documents are preserved? This article explores the current law and proposes considerations to help practitioners navigate the issue.

M&A Pandemic Litigation and the ‘AB Stable’ Decision

A series of lawsuits in 2020 related to COVID-19’s effect on purchase or merger agreements have raised key questions about whether the pandemic caused a Material Adverse Effect (MAE) that excused buyers’ obligation to close, and whether targets breached ordinary course covenants in their pandemic responses.

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