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New York Law Journal

Southern District Refuses to Grant Summary Judgment Due to Lack of Documentary Evidence Demonstrating That Insured's Misrepresentations Were Material

The authors write "In New York, insurers are generally entitled to rescind an insurance policy issued in reliance on a policyholder's material misrepresentations. This provides insurers with an important tool to avoid paying out claims where the policy was issued based on false information in the application."
10 minute read

New York Law Journal

The Elliott Management vs. Southwest Airlines Faceoff: Who Won and What Determined the Outcome?

This article discusses the faceoff between the Elliott Management and Southwest Airlines. "Elliott Management Corp.’s recent campaign to oust the CEO of Southwest Airlines furnishes us with a rough measuring rod by which to judge just what activists can (and cannot) achieve."
7 minute read

New York Law Journal

November Court of Appeals Roundup

This article discusses the right to waive counsel for criminal defendants. "The Court of Appeals recently clarified that when criminal defendants wish to waive their right to counsel and represent themselves, the trial court does not need to specifically apprise the defendants of the maximum amount of time to which they could potentially be sentenced.:
7 minute read

New York Law Journal

Sentencing Commission Addresses Inconsistent Definitions of “Loss”

This article discusses the inconsistent definition of loss as defined by the Sentencing Commission.
10 minute read

New York Law Journal

Not All Secrets Are Trade Secrets: SDNY Examines the Limits of NDA Protection

This article discusses the restrictions of an NDA. "Although an NDA can and should be one piece of the protection architecture around a company’s trade secrets, it is not enough: placing information under an NDA does not automatically create trade secret protection."
13 minute read

New York Law Journal

Tightening the Noose on Franchise Fraud

"As a lawyer exclusively representing franchisees, the types of claims that I see are numerous and varied. Anything from a franchisor’s failure to approve a transfer, to a threatened termination, to failure to support the franchise in a way the franchisee is expecting (which happens a lot)—the calls I receive keep my job interesting."
6 minute read

New York Law Journal

Prior Inconsistent Statements and Medical Malpractice Defense

Here we examine some of the concerns for the defense of medical malpractice cases when an issue arises as to the use of a prior inconsistent statement at trial.
7 minute read

New York Law Journal

Expert Testimony Regarding Sexual Grooming

This article discusses expert testimony regarding sexual grooming, mostly in relation to minor children.
9 minute read

New York Law Journal

Ed Sheeran Meets Led Zeppelin in the Second Circuit

This article discusses two hit songs, one written by Ed Sheeran, and the other by Led Zeppelin, and their court battle to determine if a line/bass in Sheeran's song had copied one in Ld Zeppelin's.
7 minute read

New York Law Journal

A Blueprint for Targeted Enhancements to Corporate Compliance Programs

This article discusses corporate compliance programs, such as artificial intelligence. "The Department of Justice (DOJ) recently updated the Evaluation of Corporate Compliance Programs (ECCP) to direct prosecutors who are considering charges or resolutions to assess how a company addresses, among other topics, disruptive technologies and AI, self-disclosure initiatives, and the compliance function’s access to corporate data."
7 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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