By Tom McParland | September 13, 2019
The proposed settlement, announced last May, came as a win for activist investors Carl Icahn and Darwin Deason, who agreed to drop claims in a consolidated class action in exchange for the resignation of Xerox's CEO and five other board members.
By Tom McParland | September 10, 2019
"This all may true, but it is not illegal," U.S. District Judge Paul Crotty of the Southern District of New York wrote.
By Tom McParland | September 9, 2019
A three-judge panel of the Second Circuit held that Sequoia's investment policy allowed for "passive" changes in value that propelled the fund's position in the health care industry to exceed the threshold following its initial investment.
New York Law Journal | Analysis
By Marc Lieberstein | September 5, 2019
During the last two years, franchisors have been facing courts and legislatures that appear to be increasingly hostile to franchising, as greater numbers of franchisor-franchisee relationships are being deemed to be franchisor-employee relationships. This column summarizes some of the most serious recent challenges to the franchise business model.
New York Law Journal | Analysis
By Efrem Z. Fischer | August 28, 2019
Breach of fiduciary duty and constructive trust claims are being asserted in the context of familial business relationships with greater frequency. In that context, the requirement of the existence of a confidential or fiduciary relationship becomes the key element and the primary focus for analysis with respect to the ultimate merits of the constructive trust and breach of fiduciary causes of action.
By Tasha Norman | August 20, 2019
Carrie DiCanio is a partner in the firm's insurance recovery and commercial litigation groups and co-chairwoman of the firm's Women's Network.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | August 15, 2019
It is common for defendants facing parallel securities class actions in New York state court and federal court to seek a stay of the state proceedings. Historically, New York state courts have readily deferred to their federal counterparts, agreeing to stay the state action pending the outcome of the federal action. Two recent Commercial Division cases, however, suggest this approach may be changing, increasing the risk that securities defendants will face active, concurrent litigation in both state and federal court. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer explore these recent developments.
By Jason Grant | August 8, 2019
The dismissed suit had focused on suit breach of warranty and other claims flowing from alleged “inaccuracies and omissions” found in Matthew Bender & Co.’s New York Landlord-Tenant Law “Tanbook.”
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | August 8, 2019
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant decisions, one of which granted a company’s application for a preliminary injunction restraining the Village of East Rockaway from placing certain restrictions on door-to-door solicitation; another dismissing copyright claims because of plaintiffs’ failure to meet the Copyright Act’s registration requirements; and the last granting class certification to diabetic New York City public school students seeking injunctive relief relating to an alleged failure by the City Department of Education to provide adequate medical care.
By Tom McParland | August 7, 2019
Justice Andrew S. Borrok cited the "simple, plain and unambiguous" language of the Private Securities Litigation Reform Act of 1995 in holding that the statute's automatic discovery stay applied to state court actions during a pending motion to dismiss.
Presented by BigVoodoo
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
This conference aims to help insurers and litigators better manage complex claims and litigation.
Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.
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 ...