By Jeffrey S. Lichtman and Richard A. Menchini | August 17, 2018
A look at four decisions handed down by the Court of Appeals in the past term that addressed a wide range of unresolved issues in tort law.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | August 13, 2018
A discussion of the U.S. District Court for the Eastern District of Michigan decision BullsEye Telecom v. BroadSoft, concerning a dispute over whether a licensor of telecommunications software could compete with the licensee's customers for the same services.
By Mark A. Berman | July 2, 2018
In his State E-Discovery column, Mark Berman examines the question: “What happens when a 'faithless servant' employee absconds with confidential company emails, and then deletes them from the company's server. Does a claim for conversion lie?
New York Law Journal | Analysis
By Joseph E. Bachelder III | June 21, 2018
In this month's article on Executive Compensation, Joseph E. Bachelder III further explores Elon Musk's pay as CEO of Tesla.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | June 11, 2018
Technology Law columnists Richard Raysman and Peter Brown discuss a recent decision out of California and write: True and enforceable representations in software implementation agreements concerning the location and functionality of the software are integral to the success of the project. Arguably failing to adhere totally to these representations was the subject of 'Copart v. Sparta Consulting,' where a jury awarded the plaintiff nearly $25 million for the defendant's breach of agreements and statements of work that collectively amounted to a software implementation arrangement.
New York Law Journal | Analysis
By David J. Kaufmann | April 18, 2018
Franchising columnist David J. Kaufmann discusses recent decisions tackling issues of scope of the New York Franchise Act, lost future royalties, and vicarious liability of a franchisor.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | March 28, 2018
In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes discuss how the availability of insurance coverage for defense costs incurred in connection with a regulatory investigation often depends upon the policy definition of “claim.” They highlight the case 'Freedom Specialty Insurance v. Platinum Management' as among recent decisions demonstrating that the courts also understand the importance of advancement of defense costs related to regulatory proceedings.
New York Law Journal | Analysis
By Evan H. Krinick | March 1, 2018
Insurance Fraud columnist Evan H. Krinick writes: In 'Fernandez v. Philadelphia Indemnity Ins. Co.', the court made it clear that a policyholder's duty to cooperate was paramount, and that the policyholder's failure to cooperate was enough to permit the insurer to deny the policyholder's claim—whether or not the claim actually was fraudulent.
By Susan DeSantis | February 6, 2018
While announcing a dramatic reduction in backlogs in both civil and criminal courts from one corner of the state to the other, Chief Judge Janet DiFiore concentrated her remarks Tuesday on ways to make the system fairer and more efficient.
By Sue Reisinger | January 11, 2018
Although it's important to address climate change, said Linda Kelly, general counsel of the National Association of Manufacturers, lawsuits against energy companies around the issue aren't the answer.
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