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New York Law Journal

Cybersquatting: Even Today, an Important Concern for Online Businesses

In her Internet Issues/Social Media column, Shari Claire Lewis summarizes the anti-cybersquatting rules under the ACPA and explores two recent New York court decisions that help to illuminate the kinds of cyberpiracy claims that courts are willing to consider, and those that they are not.
10 minute read

New York Law Journal

Privacy Trumps Right of Access to Judicial Documents in 'Giuffre v. Maxwell'

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision from Judge Robert W. Sweet which addresses the press's application to unseal potentially salacious documents covered by a protective order in an action concerning allegations of sexual abuse.
8 minute read

New York Law Journal

Continued Efficiencies in the Commercial Division

New York's Commercial Division recently initiated changes that continue its focus on utilizing efficiency, innovation and agility to attract high-stakes complex commercial cases.
7 minute read

New York Law Journal

Eleventh Circuit Delineates Provisions That Overcome the Presumption That Courts Must Decide Class Arbitrability

Arbitration columnists Samuel Estreicher and Holly H. Weiss write: In light of 'Epic Systems', the question whether the court or arbitrator decides that an arbitration agreement authorizes a classwide proceeding when the agreement is silent on the issue has taken on enhanced significance. A recent decision in the Eleventh Circuit addresses this question.
5 minute read

New York Law Journal

Highlights and Notable Decisions From Summer 2018

In her Trusts & Estates column, Ilene Sherwyn Cooper writes: The summer months have seen decisions as variable as the weather, addressed to claims against an estate, fiduciary bonds, and the statute of limitations. The issues were novel and instructive, and are discussed below.
9 minute read

New York Law Journal

Do You Have a Trade? Recent Decision Highlights Need for Clarity in Trading Bankruptcy Claims

Bankruptcy Judge Michael Wiles' decision in 'In re Westinghouse Electric Co.', 588 B.R. 347 (Bankr. S.D.N.Y. 2018), rejected a contention that two parties had reached a binding agreement to trade and offers valuable lessons for parties who wish to avoid a similar fate.
9 minute read

New York Law Journal

New Criminal Justice Legislation: Part 2

Criminal Law and Procedure columnist Barry Kamins continues his annual review of new legislation amending the Penal Law, Criminal Procedure Law and other related statutes.
11 minute read

New York Law Journal

The Outdated Forum Non Conveniens Doctrine

In this Aviation Law column Steven R. Pounian and Justin T. Green address the forum non conveniens doctrine and argue that courts should provide more deference to a foreign plaintiff who selects a forum for legitimate reasons, including that the selected forum court may be the only one with personal jurisdiction over the defendant. Courts should consider developments in the law and technology that makes transnational litigation much easier today than it was in 1947 when the Supreme Court established the factors that courts consider when addressing a forum non conveniens motion.
15 minute read

New York Law Journal

Appellate Division Confirms the Limited Scope of the Manifest Disregard Doctrine

The First Department's decision in 'Daesang' should put to rest any suggestion in the lower court's decision that New York courts will not respect the good-faith factual and legal determinations of arbitrators.
12 minute read

New York Law Journal

'Akorn v. Fresenius': A Rare Decision Finding 'Material Adverse Effect'

Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern discuss 'Akorn v. Fresenius Kabi AG', which has drawn considerable interest as the first decision applying Delaware law that found an MAE warranting a buyer's exercise of merger termination rights. While 'Akorn' may embolden future parties to test the breadth of their own MAE provisions, the decision appears driven by extraordinary facts and now awaits review in the Delaware Supreme Court.
9 minute read

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