New York Law Journal | Expert Opinion
By Barbara Goodstein | August 2, 2023
The proposed changes to the UCC effected by the 2022 amendments are numerous, affecting every article in the statute. Among those changes are amendments to the definition of "money" and how a security interest in that type of asset can be perfected. In her Secured Transactions column, Barbara Goodstein discusses the treatment of money under the 2022 UCC amendments and how it's affecting the progress of adoption of the amendments throughout the states, and the "loosely titled hip-pocket amendment" that will try to resolve the issue impeding adoption.
New York Law Journal | Expert Opinion
By Ross Weiner | July 26, 2023
A look at three recent class action settlements that were impacted by fraudulent claims and one third-party administrator's prescription for remedying this risk.
By John Coffee | July 19, 2023
Last month, the Supreme Court granted certiorari in 'SEC v. Jarkesy,' where a divided panel found that the SEC's in-house adjudication before an administrative law judge of a fraud case against the defendants violated the latter's right to a jury trial under the Seventh Amendment.
By John C. Coffee Jr. | May 17, 2023
In his Corporate Securities column, Professor John Coffee discusses the impact of Axon Enter. v. FTC, which he writes "masks a lack of consensus and shows the court to be straddling—at least for the time—a deep division over whether administrative agencies can utilize administrative law judges."
By Corinne Ball | April 25, 2023
Fifth Circuit lauds bankruptcy courts, pointing to the importance of finality for bankruptcy sale orders and the damaging impact of COVID-19 on the debtor's business, to affirm good faith purchaser status of an affiliated purchaser.
New York Law Journal | Expert Opinion
By Lara Flath and Judy Flumenbaum | April 12, 2023
In their Corporate Litigation column, Lara Flath and Judy Flumenbaum discuss how New York courts assess whether or not a corporation is an alter ego of an individual and the potential implications for personal jurisdiction.
By Barbara M. Goodstein | April 5, 2023
Since 1990, the UCC Permanent Editorial Board (PEB), has issued 27 commentaries interpreting the UCC or its Official Comments, the most recent of which the authors discuss here.
New York Law Journal | Analysis
By Jeffrey Alberts | March 29, 2023
This article asks the question "Is it in the interest of New Yorkers for the New York AG to aggressively litigate against foreign companies for violating New York state registration requirements?"
By John C. Coffee Jr. | March 15, 2023
On April 17, the Supreme Court is set to hear argument in Slack Technologies v. Pirani, a case which seemingly deals with a technical issue of standing under Section 11 of the Securities Act of 1933, but which could render that provision largely irrelevant. In his Corporate Securities column, Professor John Coffee discusses both the implications of Slack and the predictable attempts by issuers and underwriters to downsize Section 11 further by manipulating its tracing requirements.
By Philip Berkowitz | March 8, 2023
Departing employees who leave, whether voluntarily or otherwise, may claim they earned a bonus and that the employer's failure to pay it on their termination constituted a breach of contract or even a violation of wage payment laws. Recently issued SEC regulations and announcements from the U.S. Department of Justice with regard to bonus policies have imposed new obligations on employers, and new areas of liability.
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