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New York Law Journal

New Focus on Cryptocurrency, Familiar Questions of Jurisdiction and Territoriality

International Criminal Law and Enforcement columnists Philip Patterson and Vera Kachnowski write: As regulators increase their scrutiny of virtual currency markets, other foreign issuers are likely to come into their crosshairs. What actions such players take to make, or avoid, contact with the United States and whether it is enough for personal jurisdiction will continue to evolve. Similarly, the ability of U.S. securities laws to reach these marketplaces at all will be further tested as the case law develops in the near future.
8 minute read

New York Law Journal

'Mockingbird' Stage Adaptation Raises Issues of Content Control

In their Entertainment Law column, Michael I. Rudell and Neil J. Rosini use an action filed last month concerning a live stage adaptation of 'To Kill a Mockingbird' to illustrate how critical the contractual clauses that govern the extent of the author's creative control are when artistic visions clash between an author and (here) a producer.
9 minute read

New York Law Journal

'BHUSD v. FTA': How the Court Departed From NEPA's Presumptive Remedy to Justify a Popular Infrastructure Project

When a court finds that an agency has violated NEPA by overlooking or omitting an important impact from its review and remands the decision to the agency for further study, the court almost always vacates the record of decision associated with the project, stopping the project until the remand analysis is completed. In two recent decisions, however, courts departed from this presumptive remedy.
9 minute read

New York Law Journal

Ineffective Assistance Claim Rejected, DACA Rescission Barred, Virtual Currency Injunction Granted

Eastern District Roundup columnists Harvey M. Stone and Richard H. Dolan discuss decisions declining to grant collateral relief to a petitioner alleging that he would not have pled guilty had counsel accurately explained the risk of deportation; granting a preliminary injunction barring the Secretary of Homeland Security and others from rescinding the DACA Program; and granting the CFTC's application for an injunction against deceptive practices regarding virtual currency “spot” trading.
10 minute read

New York Law Journal

Third-Party Funding of Lawsuits Permeates the Legal Landscape

The answers are not entirely clear, but one thing is certain: Third-party funding and financing is a developing, unsettled area of the law. As such, as in any new endeavor, attorneys and their clients should proceed with caution.
9 minute read

New York Law Journal

Stockholder Challenges to Executive Compensation

Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: The Delaware Supreme Court recently clarified the limits of the stockholder ratification defense in litigation challenging director compensation awarded under the parameters of a stockholder-approved compensation plan.
9 minute read

New York Law Journal

Policy Exhaustion

In his No-Fault Insurance Law Wrap Up, David M. Barshay discusses the issues involved when an insurance policy is at or near exhaustion, including whether an insurer can ever be deemed to have waived its policy exhaustion defense.
9 minute read

New York Law Journal

'Possession, Custody or Control'—Got It?

What does it actually mean these days to have “possession, custody or control” of a document or a few bytes of ESI? It is a critical question because discovery failures can lead to adverse inferences, sanctions and infamy!
10 minute read

New York Law Journal

DOJ Brings First 'No-Poach' Prosecution Since Issuing Antitrust Guidance for HR Professionals

A careful review of this settlement and the Antitrust Division's accompanying press release indicates that there is a significant likelihood that no-poaching and wage-fixing agreements that were entered into or that continued after the Antitrust Division issued its guidelines for human resource professionals will be prosecuted as criminal violations.
9 minute read

New York Law Journal

An Interview With Judge Dan Polster

Impressed by Judge Dan Polster's commitment to the mediation process and what are clearly exceptional skills, Mediation columnists Abby Tolchinsky and Ellie Wertheim had the opportunity to speak with the judge about his theory and process. While all mediators help parties come to autonomous resolutions, his unique methodology entails employing the gravitas of the robe.
8 minute read

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