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New York Law Journal

Loss Causation in Securities Fraud Cases

David B. Saxe and Danielle C. Lesser discuss the First Department's review of Commercial Division cases, specifically cases addressing the issue of loss causation in the securities fraud context.
21 minute read

New York Law Journal

Developments Regarding Micro-Captive Insurance Structures

In their Taxation column, Elliot Pisem and David E. Kahen write: 'Avrahami' was at least arguably an extreme case in several respects, but seems likely to encourage the IRS to pursue tax adjustments with respect to transaction structures involving micro-captives.
10 minute read

New York Law Journal

New Criminal Justice Legislation: Part Two

In his Criminal Law and Procedure column, Barry Kamins picks up with the second part of his review of new criminal justice legislation.
23 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Hahn v. Hagar” where the court held that development rights are considered 'real property' under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.
34 minute read

New York Law Journal

New Rules Governing Financial Performance Representations

In his Franchising column, David J. Kaufmann writes: The requirements, restrictions, prohibitions and clarifications introduced by the 2017 NASAA FPR Commentary are truly significant, the most extensive overhaul of the rules governing financial performance representations since 1993.
29 minute read

New York Law Journal

Dr. Seuss 'Transformed': Fair Use or Abuse or Both?

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss a recent decision which upheld the fair use defense with regard to "How the Grinch Stole Christmas" and dismissed the copyright infringement and other counterclaims with prejudice.
9 minute read

New York Law Journal

Decisions Highlight Need to Rethink IP Protection Strategies for Product Designs

Milton Springut discusses two recent decisions which will require that strategies for protecting decorative designs incorporated into useful articles be rethought.
12 minute read

New York Law Journal

Representation and Warranty Insurance

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."
31 minute read

New York Law Journal

September CFIUS Roundup: Lessons and Things to Watch

Mario Mancuso and Luci Hague discuss certain key CFIUS developments and related takeaways for boards and deal professionals.
6 minute read

New York Law Journal

A Review of 'Myers v. Schneiderman'

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.
8 minute read

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