Five Ways Securities Class Action Defendants Can Play Offense

Consider these five strategies securities defendants can employ to win before trial, set up appellate opportunities, and obtain settlement leverage.

'You Gotta Have Faith': Practical Guidance for Handling University Student Requests for Religious Exemptions in New York

While New York courts have not squarely addressed the parameters for these inquiries in any definitive manner, related cases decided in differing contexts provide useful guidance as university administrators and advisors seek to differentiate the true religious observer from the exemption candidate motivated by concerns unrelated to faith.

How (to This Point) Has PREP Act Application Gone So Wrong?

The PREP Act may finally get the review it is due in the circuit court system.

Arbitrating Contract Formation Challenges: Putting the Cart Before the Horse?

This article examines how New York courts approach the question of arbitrability generally and explores the murky depths of New York case law where that question coincides with a challenge to contract formation.

Transferring Risk With Contracts, Insurance Coverage and Sometimes, Litigation

A recent decision from the U.S. District Court for the Eastern District of New York illustrates an effective approach for an owner or general contractor to receive defense coverage as an additional insured to a subcontractor's liability insurance.