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New York Law Journal

From Defense to Offense: Strategic Evolution in Corporate Claims Pursuit

Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.
9 minute read

New York Law Journal

Back to Basics: Why Word Choice, Grammar and Punctuation Still Matter

As staid and unfashionable as it might sound, proper grammar, punctuation and word choice still matter because they provide structure and clarity. Lawyers' tools are words, in both writing and oral advocacy. Our existence as litigators depends on our ability to persuade the trier of fact, which depends on our ability to communicate effectively.
6 minute read

New York Law Journal

The Role of Legal Technology in Profitable Flat-Fee Litigation

Today, nearly one in three matters is performed under an alternative fee arrangement, with flat fees being the most common. If your clients are seeking these agreements, following best practices for incorporating legal tech into your organization can optimize your alternative fee portfolio
7 minute read

New York Law Journal

The Limits of Contractual 'Sole' Discretion Under the Implied Covenant of Good Faith and Fair Dealing

This article explores the evolving contours of the implied covenant, as applied to discretionary contractual rights, and offers practical guidance for decision makers and counterparties to consider when dealing with contractual discretion.
8 minute read

New York Law Journal

Health Care AI: The New Buzzword in a Shifting Legal Regime

Artificial intelligence has proliferated the health care sector, sparking litigation and increased regulatory activity. This article analyzes the impact of AI in health care and regulatory agencies' efforts to keep up—all against the backdrop of a potentially weakened 'Chevron' deference framework.
8 minute read

New York Law Journal

DOJ, FTC: Failure To Preserve, Produce Ephemeral Messages May Lead to Consequences That Are Anything but Ephemeral

The DOJ and FTC issued a rare joint announcement warning of increasing consequences for parties that fail to properly preserve and produce ephemeral messages in response to antitrust investigations. These messages will be included in their standard preservation letters and specifications for all second requests, voluntary access letters and compulsory legal process.
9 minute read

New York Law Journal

The Deutsche Bank LIBOR Case: When Justice Is Outsourced

In 2019, two former Deutsche Bank traders were convicted of wire fraud and conspiracy charges, which the Second Circuit later reversed. This case highlights two alarming trends: the DOJ outsourcing criminal investigations to private law firms and targeted institutions placing the blame for alleged wrongdoing on low-level employees to avoid more serious criminal consequences themselves.
9 minute read

New York Law Journal

The DOJ Cracks Down on AI-Powered Crimes

In recent public comments, Deputy Attorney General Lisa Monaco identified the emerging threat posed by AI as a top enforcement priority and announced that the DOJ will begin targeting crimes "made significantly more dangerous by the misuse of AI."
12 minute read

New York Law Journal

Money Laundering in the Arts

Two newer kinds of markets—the market for non-fungible tokens (NFTs) and the secondary market for sports and entertainment event tickets—have offered criminals new possibilities for laundering dirty money. And so far, the law has not kept up.
8 minute read

New York Law Journal

Out of the Shadows: SEC Test Case To Bring 'Shadow Trading' Into Light

The SEC is now at trial in an enforcement action against former biopharma executive Matthew Panuwat related to "shadow trading" activities. The trial will not only be the first major test of the SEC's "shadow trading" legal theory before a jury, but will also have significant ramifications for in-house counsel and compliance teams on how to train their employees on trading practices.
9 minute read

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

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