By Adrienne B. Koch | July 9, 2024
Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.
By Emily Saul | July 3, 2024
The plaintiff, a subsidiary of the Russian oil and gas company Lukoil, is represented by Baker McKenzie.
By Alan Feigenbaum | June 28, 2024
Alan Feigenbaum, partner at Blank Rome, writes: As divorce lawyers, we must choose our words carefully, particularly in emails. The J.G. decision is a reminder that how we choose our words can carry enormous consequences in the outcome of a matrimonial case.
New York Law Journal | Expert Opinion
By Victoria Corder, Sean Topping and Frank Joranko | June 24, 2024
When a party moves to compel arbitration, the first question for a court is: has arbitrability been delegated to the arbitrator? The U.S. Supreme Court recently clarified the scope of such delegation provisions in Coinbase v. Suski, discussed below.
By Jane Wester | June 17, 2024
U.S. District Judge Louis Stanton held a bench trial in April to determine whether AMCK breached its contract with Frontier. Stanton noted that he had a specific focus on whether AMCK waived its right to timely payment during an April 2020 phone call between executives at the two companies.
By Jane Wester | June 14, 2024
An investment fund is seeking an order requiring Dendreon to perform its obligations under the agreement and pay the $9 million plus accrued interest, along with attorney fees and costs.
By Thomas C. Lambert and Steven Shackman | June 14, 2024
"At first blush, adding to the Chinatown test a requirement that the notice instruct the tenant "how to cure" might be viewed as a boon to tenants, because it imposes upon the landlord, as the drafter of the notice, an additional prerequisite to the notice's effectiveness. But in fact, such a requirement would substantially diminish the tenant's rights."
By Riley Brennan | June 11, 2024
Judge Joel M. Cohen of the Commercial Division of the New York Supreme Court sided with Chainalysis, who was represented by counsel from Skadden, Arps, Slate, Meagher & Flom, granting the company's motion to dismiss plaintiff Blake Ratliff's breach-of-contract suit for failure to state a viable claim for relief, and finding the suit untimely, according to a June 7 decision.
New York Law Journal | Analysis
By Damian R. Cavaleri and Rose Isaacs | June 6, 2024
The FTC recently voted to approve the final Non-Compete Clause Rule, effectively banning most forms of non-compete agreements. In the event the FTC's Final Rule does become effective, employers should be prepared with alternatives to non-competes.
New York Law Journal | Analysis
By Eric Tate and Michael Schulman | May 23, 2024
For the past several years, non-compete agreements have been under attack by legislatures, agencies and regulators throughout the country. Since then, many states have passed legislation restricting the use of non-competes. These agreements have also become the topic of ongoing debate among New York lawmakers.
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