By Greg Land | February 28, 2018
Each side's lawyers disagree about how much the award should be reduced under apportionment law.
New York Law Journal | Analysis
By Thomas J. Hall | February 15, 2018
In his Commercial Division Update, Thomas J. Hall writes: When there is no enforceable partnership agreement, the party seeking to establish an implied partnership must show that a partnership nevertheless exists based on the conduct, intention and relationship between the parties. Although no one factor is determinative, recent Commercial Division decisions have placed a heightened emphasis on the factor of shared losses.
By Colby Hamilton | February 13, 2018
A "crown jewel" lock-up right to Xerox's assets in the Asia-Pacific market effectively blocks any chance of a transparent and fair sale process, according to Deason Capital Services' president.
New York Law Journal | Analysis
By Barbara M. Goodstein | January 31, 2018
Secured Transactions columnist Barbara M. Goodstein writes: I'm happy that tax issues usually don't play a major role in most plain vanilla syndicated secured lending facilities. One area, however, that we finance lawyers have had to contend with, even in plain vanilla syndicated loan facilities, is §956 of the Internal Revenue Code.
New York Law Journal | Analysis
By Sharon M. Porcellio | January 25, 2018
In her Western District Roundup, columnist Sharon M. Porcellio discusses the recent decision in 'L.M. Sessler Excavating', in which the court considered an issue of first impression: whether the pleading standard articulated in 'Twombly' and 'Iqbal' is the proper measure for pleading a claim of direct patent infringement.
New York Law Journal | Analysis
By David B. Saxe and Danielle C. Lesser | January 25, 2018
David B. Saxe and Danielle C. Lesser write: A meal can be supersized at McDonald's, but should New York County's Supreme Court, Commercial Division be supersized as well?
New York Law Journal | Commentary
By Mark A. Berman | January 19, 2018
Litigators in New York state now have a new arsenal at their disposal.
New York Law Journal | Analysis
By Thomas F. Gleason | January 17, 2018
In his New York Practice column, Thomas F. Gleason discusses 'Ambac Assurance v. Countrywide Home Loans', which provides an informative history of the attorney-client privilege, including the evolution of the “joint defense” doctrine.
By Sue Reisinger | January 11, 2018
Although it's important to address climate change, said Linda Kelly, general counsel of the National Association of Manufacturers, lawsuits against energy companies around the issue aren't the answer.
By Colby Hamilton | January 9, 2018
U.S. District Judge Jesse Furman didn't find the joke funny enough to grant attorney fees and costs to a company that prevailed against fashion icon Louis Vuitton's copyright infringement suit on parody grounds.
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