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.
New York Law Journal | Analysis
By Edward M. Spiro and Judith L. Mogul | October 16, 2017
In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision that examined the question of what jurisdictional contacts are necessary to obtain discovery from a nonparty through a subpoena served pursuant to 28 U.S.C. §1782, which authorizes a court to order discovery for use in a foreign proceeding.
New York Law Journal | Analysis
By Shari Claire Lewis | October 16, 2017
In her Internet Issues/Social Media column, Shari Claire Lewis writes: We live in a world where cellphones are omnipresent. It is perhaps no coincidence, therefore, that cellphones are at the heart of a case currently pending before the U.S. Supreme Court, 'Carpenter v. United States,' that may result in a new 21st Century standard for searches and seizures under the Fourth Amendment.
New York Law Journal | Analysis
By Mark D. Harris and Margaret A. Dale | October 13, 2017
In their Corporate and Securities Litigation, Mark D. Harris and Margaret A. Dale write: Some have expressed concerns that the SEC is not fully equipped to handle the host of cybersecurity issues that will continue to come its way. Nonetheless, the SEC appears focused on the mission of increasing cybersecurity and determined to address the growing threat to markets.
New York Law Journal | Analysis
By Sidney Kess | October 13, 2017
In his Tax Tips column, Sidney Kess writes: Take the time now to consider some year-end tax planning strategies that you can use for your business and personal taxes.
New York Law Journal | Analysis
By Oksana Wright | October 13, 2017
There are certain steps a creditor (or potential creditor) should consider to ensure that any recovery is plausible.
New York Law Journal | Analysis
By Ross Kamhi and Corban Rhodes | October 12, 2017
Corban Rhodes and Ross Kamhi write: We are at a pivotal moment with respect to how the law protects consumer personal information. The public, however, is largely unaware of the concerted opposition protection legislation faces from technology giants.
New York Law Journal | Analysis
By Shira Forman | October 12, 2017
In her Litigation 101 column, Shira Forman offers some guiding principles to aid the process of document production in civil litigation.
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