New York Law Journal | Expert Opinion
By Danielle J. Marlow and Lauren Bernstein | October 19, 2020
The COVID-19 pandemic and the incentive for businesses to limit their exposure are leading to widespread use of COVID-specific liability waivers. But in New York State, the enforceability of these waivers—even those not related to COVID-19—are far from bullet proof and depend on a wide array of factors.
New York Law Journal | Expert Opinion
By Stuart Malawer | October 19, 2020
To me, TikTox and WeChat highlight the growing 'national securitization' of trade and business transactions in U.S. foreign policy. 'Trade, Technology,…
New York Law Journal | Expert Opinion
By Jeff Etherington | October 16, 2020
A look at the impact of the pandemic on negotiations of M&A in the future, focusing on provisions beyond the definition of "material adverse effect," about which much has been written.
New York Law Journal | Expert Opinion
By Peter Flägel | October 16, 2020
A discussion of typical legal issues arising in-bound M&A or investment transactions involving foreign companies acting as the investor, including conflicts in corporate governance cultures, international dispute resolution mechanisms, certain U.S. tax issues, CFIUS considerations and BEA filings.
New York Law Journal | Expert Opinion
By Michael Brueck | October 16, 2020
Infrastructure M&A presents its own set of unique challenges and opportunities that must be skillfully navigated to create successful outcomes. The article will look at this area and share trends the author is spotting.
New York Law Journal | Expert Opinion
By Christopher Anthony, Kevin Schmidt, Steven Slutzky and Marisa Demko | October 16, 2020
How the combination of forward purchase commitments by SPAC sponsors, increases in the size of many SPACs and evolution in SPAC structures may make SPAC's a more formidable bidder for many opportunities that may have been out of reach in the past.
New York Law Journal | Expert Opinion
By Heather Horowitz and Shabana A. Baksh | October 15, 2020
A look at the recent revival of the New York's "pied-a-terre" tax legislation which proposes a property tax surcharge on qualifying non-primary residences, including condominiums and co-ops within New York.
New York Law Journal | Expert Opinion
By Alan W. Clark | October 14, 2020
In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
New York Law Journal | Expert Opinion
By Andrea M. Alonso and Kevin G. Faley | October 14, 2020
Dram Shop liability arises out of a vendor's duty to the public not to sell liquor to visibly intoxicated people, so while legislation seeks to shift some responsibility to alcohol providers, violations are often difficult to prove.
New York Law Journal | Expert Opinion
By Scott E. Mollen | October 13, 2020
Scott E. Mollen discusses a UCC foreclosure case, '893 4th Ave. Lofts LLC v. 5AIF Nutmeg LLC,' and a commercial landlord-tenant case, '98-48 Queens Blvd LLC v. Parkside Mem'l Chapels Inc.'
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