Corporate Update

  • New York Law Journal

    Marijuana Use and Supervised Release

    By Steven M. Witzel and Andrew B. Cashmore | September 5, 2018

    In their Corporate Crime column, Steven Witzel and Andrew Cashmore review the issues that district courts face when confronted with the violation of a supervised release for using marijuana, at a time when the nation's views on drug use are rapidly evolving.

  • New York Law Journal

    When Foreign Law Applies to the Agreement...Now What? 

    By Brian Socolow and Lindsay Feuer | August 29, 2018

    The expansion of technology and globalization has brought many challenges for individuals and companies entering into agreements, as well as the New York courts and judges who are ultimately interpreting those agreements. In their article, Brian Socolow and Lindsay Feuer detail how New York federal and state judges interpret choice of law provisions and foreign laws, and what should be considered before agreeing to a choice of law provision.

  • New York Law Journal

    Loan v. Distribution: 'Illinois Tool Works v. Commissioner'

    By Elliot Pisem and David E. Kahen | August 15, 2018

    In their Taxation column, David E. Kahen and Elliot Pisem discuss 'Illinois Tool Works v. Commissioner,' a case which provides guidance as to the factors likely to influence a court in distinguishing a loan from a distribution.

  • New York Law Journal | Expert Opinion

    The Uses and Limits of Issue Certification

    By Joseph M. McLaughlin and Shannon K. McGovern | August 8, 2018

    Corporate Litigation columnists Joseph McLaughlin and Shannon McGovern discuss the use and limits of issue certification.

  • New York Law Journal

    Licenses of Trademarks in Bankruptcy: Will 'Mission' Be Accomplished?

    By Barbara M. Goodstein | August 1, 2018

    In her Secured Transactions column, Barbara Goodstein reviews Mission Prod. Holdings v. Tempnology, and writes: "In the wake of Mission, there is now a clear split among the federal circuit courts as to whether a licensee of trademarks can or cannot continue to use those trademarks after the license has been rejected by a bankrupt licensor."

  • New York Law Journal

    Gender Diversity and Board Quotas

    By David A. Katz and Laura A. McIntosh | July 25, 2018

    In their Corporate Governance column, David Katz and Laura McIntosh consider whether instituting gender quotas for boards of directors of public companies would be beneficial or harmful to the larger goals of gender parity and board diversity in the United States.  

  • New York Law Journal

    Insider Trading Law After 'Martoma'—What Is the Status of Gossip?

    By John Coffee | July 18, 2018

    In his Corporate Securities column, John Coffee discusses “U.S. v. Martoma,” and the “gift” theory in insider trading cases involving tips.

  • New York Law Journal

    #MeToo at Home and Abroad

    By Philip M. Berkowitz | July 11, 2018

    In his Employment Issues column, Philip Berkowitz writes: On the international front, the #MeToo movement has had significant impact, both in employment and labor laws as well as in employment practices of multinational companies with highly mobile employees who travel from country to country, on short- and long-term assignments. Some of these employees, sad to say, wreak havoc.

  • New York Law Journal | Analysis

    S Corporation Elections—Who Decides?

    By David E. Kahen and Elliot Pisem | June 20, 2018

    In their Taxation column, David Kahen and Elliot Pisem discuss the recent Tax Court case, "Caselli v. Commissioner," regarding a shareholder's unsuccessful efforts to effectively change a tax election made by the corporation.

  • New York Law Journal

    The Future of Cy Pres Class Settlements

    By Joseph M. McLaughlin and Shannon K. McGovern | June 13, 2018

    Corporate Litigation columnists Joseph McLaughlin and Shannon McGovern discuss the Supreme Court's recent grant of certiorari to decide the propriety and potential limits of cy pres settlements.

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