New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | January 13, 2020
Antitrust enforcement in numerous industries was robust in 2019. Aggressive and unexpected actions made headlines and proved that parties need to be prepared to meet any potential antitrust obstacles. In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz recap the major events of 2019 and the issues to watch for in 2020.
New York Law Journal | Analysis
By Michael Hoenig | January 10, 2020
In his Complex Litigation column, Michael Hoenig uses the recent case 'Andrews v. Lands' End', where Delta Airlines flight attendants claimed their uniforms caused them adverse health effects, to discuss the current law and issues surrounding "smart clothing."
By Tom McParland | December 27, 2019
There was little expectation that legislative bodies would act in the near future, and lawyers will be sure to keep a close watch on the First Department in the coming year.
By Tom McParland | December 20, 2019
The court said that Nasdaq had "established, in multiple respects," that Exchange Traded Fund Managers Group had kept millions of dollars in management fees, including a $1.5 billion cybersecurity fund known by its ticker symbol HACK.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | December 19, 2019
Following Court of Appeals precedent, the Commercial Division has consistently maintained the narrow scope of the adverse interest exception to the in pari delicto defense. In a recent reversal of a Commercial Division decision, however, the First Department signaled a widening of the adverse interest exception. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss the decision and its background.
By Jane Wester | November 22, 2019
The suit, which involved the descendants of the two Italian immigrants who founded the first Palm on Manhattan's Second Avenue in 1926, led Justice Andrea Masley to award more than $120 million to the plaintiffs in November 2018.
By Dan Packel | November 20, 2019
While the supply of capital may be outstripping demand for now, a litigation finance broker thinks growing awareness will lead to greater adoption.
By David N. Cinotti | November 19, 2019
New York courts have generally taken a pro-arbitration approach. A series of decisions in a long-running investor-broker dispute, however, is counter to that trend.
New York Law Journal | Analysis
By Samuel P. Groner and R. David Gallo | November 13, 2019
In the wake of the 'Cyan' decision, the number of 1933 Act claims brought in state court has increased dramatically, with the most significant increase occurring in New York.
By Adrienne B. Koch | November 8, 2019
A party that receives an invoice and holds it without dispute does so at its peril: Absent an objection within a reasonable time, the recipient can become liable for the entire amount of the invoice based on an account stated. There are, however, limits to this principle that are often overlooked, to the confusion of both litigators and their clients. This article explores those limits.
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