New York Law Journal | Analysis
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
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
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
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
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
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
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
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
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.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | October 16, 2017
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. write: The constellation of opinions in Myers reinforces historical statutes, cases, a State Task Force, and legislative activity that all come out in support of imposing criminal penalties in New York on individuals, including physicians, who intentionally act to aid a person in committing suicide.
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