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By Tom McParland | October 1, 2021
Counsel for the prevailing party said the decision paved a path for public companies to sue investors who make material misrepresentations in proxy statements while aggressively seeking to change corporate governance.
By Ellen Bardash | September 30, 2021
The New York-based TransPerfect has maintained the money ordered by the court has been held in an escrow account and was to be paid to the custodian of the case.
New York Law Journal | Analysis
By Eric Alan Stone and Catherine Nyarady | September 7, 2021
In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on the case 'Select Comfort Corp. v. Baxter;', where the Eighth Circuit joined the majority of circuits in permitting recovery for "initial-interest confusion" in trademark cases under certain circumstances. The Supreme Court is currently considering whether to review the decision and potentially resolve a circuit split on this issue.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | August 19, 2021
In their Commercial Division update, Thomas Hall and Judith Archer discuss how recent decisions have routinely applied tax estoppel where appropriate, but also have highlighted limitations to the application of the doctrine. They examine a number of rulings that reflect the clear application of tax estoppel, and its use both offensively or defensively.
By Tom McParland | August 17, 2021
The lenders, who made a $585 million loan to TriMark under a 2017 credit agreement, have referred to the rescue package as a "cannibalistic assault" on their rights and an example of "lender-on-lender" violence.
By Tom McParland | August 9, 2021
A legal struggle over pet prescription medications was ramped up in a filing in Manhattan Supreme Court.
By Barbara M. Goodstein | August 4, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein examines the scope of UCC Article 9 with a focus on virtual currencies, taking into consideration issues of classification and perfection, but also how the Uniform Commercial Code and Emerging Technologies Committee is attempting to tackle these unsettled issues by modifying existing provisions and, in some cases, adding new ones.
By Jason Grant | July 22, 2021
"Spackman's reliance on the COVID-19 pandemic as an excuse for his noncompliance [with a subpoena in a civil money-judgment suit] falls short," wrote the Appellate Division, First Department court in affirming that the defendant, Charles Spackman, has been rightfully held in civil contempt.
By Jason Grant | July 15, 2021
"This is a monumental sea change," said Raymond Dowd, the lawyer for the Jewish heirs, of the Manhattan Supreme Court decision on prejudgment interest. "An art dealer or a museum refusing to stop now has a meaningful financial downside," he said, when they continue to litigate a case in which a trial court has already awarded possession of Nazi-looted art.
By Jason Grant | July 8, 2021
The decision from the Appellate Division, Third Department court appears to help clarify, in the context of a commercial misappropriation claim involving a docudrama, the scope of limited privacy rights carved out for state residents decades ago via the state's Civil Rights Law §§ 50 and 51.
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Legal Administrative AssistantRivkind, Margulies & Rivkind, P.A.Miami, FL, USAEmployment Type: Full-TimeBenefits Offered: Medical, Retir...
Position Type:Administrative and Central Office Office Title/Functional Title:Risk Management and Litigation Associate Counsel - 23849Civil ...
Process enhanced rate equitable services requests, response to filers and NYSED Inquiries. Receive, file, coordinate, and review ...