By Matthew Biben and Kellam Conover | October 29, 2024
New York's approach to consent-by-registration jurisdiction and successor jurisdiction is illustrative of the ever-changing scope of personal jurisdiction over out-of-state companies.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | October 2, 2024
As shown by the Zebra case, a plaintiff's status as a patent owner or a licensee plays a key role in the evaluation of the plaintiff's constitutional standing in a patent infringement case.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 25, 2024
Whether current and future legislative efforts, in the EU and elsewhere, can prove agile enough to regulate—without stifling—a rapidly moving industry remains an open question.
By John C. Coffee Jr. | September 18, 2024
The new DOJ Pilot Program varies significantly from the SEC's prior program, and these differences raise fundamental questions: What will most encourage whistleblowers to come forward? What will best motivate defendants to self-report their criminal involvement? How will these new DOJ procedures affect the standard Deferred Prosecution Agreement?
By Thomas C. Lambert and Steven Shackman | July 24, 2024
A look at the key factor(s) present in most recent cases where the corporate veil was pierced.
New York Law Journal | Analysis
By John Coffee | July 17, 2024
Everyone realizes that a Trump victory will likely trigger major reversals in securities regulation and SEC policies. In particular, the SEC's much discussed and much litigated climate disclosure rules may be abandoned by a Trump SEC. Alternatively, enforcement actions may just not be brought.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | June 18, 2024
In two recent Tax Court decisions, it was determined that, although there had been a loss in value attributable to activities ultimately determined to be crimes, no theft loss was allowable to the petitioners because no crime in the nature of theft had been committed against the petitioners themselves to deprive them of property that they owned.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | June 5, 2024
The recently decided Southern District of New York case of 'CCO Condo Portfolio (AZ) Junior Mezzanine v. Feldman' hinged on whether a UCC Article 9 foreclosure was conducted in a commercially reasonable manner.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | May 22, 2024
The 2024 proxy season demonstrated that AI-related disclosures and governance structures currently are a subject of intense shareholder interest. It is likely that both disclosure- and governance-oriented shareholder proposals regarding AI will gain traction in future proxy seasons.
New York Law Journal | Analysis
By John Coffee | May 15, 2024
The SEC's long, successful campaign against insider trading has been legally predicated on two words—"deceptive device"—in Section 10(b) in the Securities Exchange Act. In terms of its legal authority, the SEC has little else to rely on, as insider trading is nowhere defined in federal legislation.
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