Analysis

  • New York Law Journal | Analysis

    Preparing Witness Statements in International Arbitration

    By John Fellas | October 18, 2017

    In his International Arbitration column, John Fellas discusses how to avoid submitting a witness statement that is a time-bomb—a statement that apparently strongly supports your client's case at the time it is submitted, but that, months later at the hearings, blows up in the witness's face the minute she is cross-examined about it.

  • New York Law Journal | Analysis

    Loss Causation in Securities Fraud Cases

    By David B. Saxe and Danielle C. Lesser | October 18, 2017

    David B. Saxe and Danielle C. Lesser discuss the First Department's review of Commercial Division cases, specifically cases addressing the issue of loss causation in the securities fraud context.

  • New York Law Journal | Analysis

    Developments Regarding Micro-Captive Insurance Structures

    By Elliot Pisem and David E. Kahen | October 18, 2017

    In their Taxation column, Elliot Pisem and David E. Kahen write: 'Avrahami' was at least arguably an extreme case in several respects, but seems likely to encourage the IRS to pursue tax adjustments with respect to transaction structures involving micro-captives.

  • New York Law Journal | Analysis

    New Criminal Justice Legislation: Part Two

    By Barry Kamins | October 18, 2017

    In his Criminal Law and Procedure column, Barry Kamins picks up with the second part of his review of new criminal justice legislation.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | October 17, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Hahn v. Hagar” where the court held that development rights are considered 'real property' under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.

  • New York Law Journal | Analysis

    New Rules Governing Financial Performance Representations

    By David J. Kaufmann | October 17, 2017

    In his Franchising column, David J. Kaufmann writes: The requirements, restrictions, prohibitions and clarifications introduced by the 2017 NASAA FPR Commentary are truly significant, the most extensive overhaul of the rules governing financial performance representations since 1993.

  • New York Law Journal | Analysis

    Dr. Seuss 'Transformed': Fair Use or Abuse or Both?

    By Robert J. Bernstein and Robert W. Clarida | October 17, 2017

    In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss a recent decision which upheld the fair use defense with regard to "How the Grinch Stole Christmas" and dismissed the copyright infringement and other counterclaims with prejudice.

  • New York Law Journal | Analysis

    Decisions Highlight Need to Rethink IP Protection Strategies for Product Designs

    By Milton Springut | October 17, 2017

    Milton Springut discusses two recent decisions which will require that strategies for protecting decorative designs incorporated into useful articles be rethought.

  • New York Law Journal | Analysis

    Representation and Warranty Insurance

    By Peter Fisch and Mitchell Berg | October 17, 2017

    In their Transactional Real Estate column, Peter Fisch and Mitchell Berg of Paul, Weiss, Rifkind, Wharton & Garrison discuss representation and warranty insurance which has become commonplace in M&A transactions. They offer the question of whether real estate transactions will follow suit, and conclude that "for more complex transactions, where traditional due diligence may fall short or be impractical, or where an entity rather than an asset is being acquired, the answer may be yes."

  • New York Law Journal | Analysis

    September CFIUS Roundup: Lessons and Things to Watch

    By Mario Mancuso and Luci Hague | October 16, 2017

    Mario Mancuso and Luci Hague discuss certain key CFIUS developments and related takeaways for boards and deal professionals.

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