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New York Law Journal

The Perishable Agricultural Commodities Act

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg discuss the Perishable Agricultural Commodities Act (PACA) which was enacted to protect the interests of suppliers and sellers of perishable agricultural commodities and write that while it would appear to have little relevance to real estate transactions, it has become a matter of some concern to lenders and title insurance companies who are often concerned that when the borrower is an entity subject to PACA, the PACA trust will effectively create a superpriority lien against real property that could prime a recorded mortgage lien.
11 minute read

New York Law Journal

Do Stock Drops Over Securities Fraud Suits Now Count as Securities Fraud Damages?

The Second Circuit's decision in 'Waggoner v. Barclays' has garnered attention for its rulings on the requirements for showing and rebutting market efficiency and the related presumption of reliance in class actions brought under §10(b) of the 1934 Securities Exchange Act. Less noticed—but no less important—is the court's discussion of the damages that the certified class might recover.
10 minute read

New York Law Journal

Trade Secret Protection Depends on Notifying the Licensee More Than Once

In their Privacy Matters column, Richard Raysman and Peter Brown discuss the decision in 'Broker Genius v. Zalta', in which the U.S. District Court for the Southern District of New York held that the inconspicuous language of the licensor's terms of use, coupled with its routine and frequent disclosure of the entire architecture of the user interface of the software supposedly protectable as a trade secret, precluded licensor's successful motion for injunctive relief for trade secret misappropriation.
8 minute read

New York Law Journal

New York Employers: The Governor Has a Few Ideas You Might Not Like…

By seeking to ban all “mandatory arbitration” agreements, Proposal 18 presents one change to New York law that would have wide ranging effects on how private employers and employees navigate harassment (and possibly other) claims. However, other elements of the Proposal, though aimed at harassment in the public sector, may portend a future evolution of the laws regulating private employers.
8 minute read

New York Law Journal

The Supreme Court Takes on Two-Sided Markets

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: 'Ohio v. American Express' is an opportunity for the U.S. Supreme Court to clarify how to assess two-sided markets under the rule of reason. The potential magnitude of the ruling and its impact on markets and individuals warrant keeping an eye on oral arguments later this month.
7 minute read

New York Law Journal

Failure to Answer Questions at an EUO, and Order Granted on Consent

In his No-Fault Insurance Law Wrap-Up, David M. Barshay analyzes two cases, one tackling issues with questions at an examination under oath, and another presenting a scenario wherein a non-moving party not only failed to oppose a motion, but apparently agreed to the order granting the motion.
10 minute read

New York Law Journal

New DOJ FCPA Enforcement Policy Raises Difficult Questions for Companies Considering Voluntary Disclosures

On Nov. 29, 2017, Deputy Attorney General Rod Rosenstein announced a new FCPA Corporate Enforcement Policy based on the 2016 FCPA Pilot Program, which first attempted to formalize the DOJ's treatment of self-disclosure, cooperation, and remediation in the FCPA enforcement context. In announcing the new Policy, Rosenstein explained the DOJ's view that the Pilot Program had been successful, significantly increasing self-disclosure rates. The Policy, however, is a somewhat mixed bag for companies struggling to decide whether to voluntarily disclose misconduct.
8 minute read

New York Law Journal

Can Companies Lower Their Risk of Sexual Harassment Claims?

Corporations today must ask themselves not only if they are doing enough to avoid liability with regards to harassment claims but also if they are doing enough to combat the culture of harassment that exists in many workplaces.
7 minute read

New York Law Journal

Preclusion in Derivative Litigation

Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: A recent Delaware Supreme Court en banc decision has ended uncertainty in Delaware and potentially elsewhere introduced when two Court of Chancery decisions urged that a longstanding derivative preclusion rule violates due process.
9 minute read

New York Law Journal

White-Collar Criminal Enforcement in the Era of Trump

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: White-collar criminal enforcement will continue to evolve in the year ahead, but some predictions can be made based on year one of the Trump administration. Federal law enforcement officials have enunciated a clear focus on non-white-collar crimes and, with numerous vacancies in the Justice Department, this shifting focus is likely to result in a decrease in white-collar investigations and prosecutions.
10 minute read

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