New York Law Journal | Analysis
By Michael J. Osnato Jr., Meaghan Kelly and Stephanie Hon | December 1, 2023
SEC settlements are meant to serve a public good by providing clear guidance as to the rules of the road and the consequences of ignoring them. Yet SEC settlements often lack explanation as to how the civil monetary penalties were calculated per the statutory framework or why such penalties were appropriate under the circumstances.
New York Law Journal | Analysis
By Jolie Apicella | December 1, 2023
The DOJ's Criminal Division issued three declinations since the issuance of the revised Corporate Enforcement Policy 11 months ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
New York Law Journal | Analysis
By Arthur Jakoby, Maxim Nowak and Joshua Schoch | December 1, 2023
Because Congress has failed to enact modern legislation governing crypto assets, the DOJ, SEC and CFTC have been compelled to shoehorn their crypto-related fraud enforcement strategies into distinct schemes that are decades old. Predictably, the outdated and varied methodologies have returned mixed and contradictory results.
New York Law Journal | Analysis
By Robert J. Jossen | November 17, 2023
When is the best time to undertake mediation of a dispute? In this article, Robert J. Jossen presents 10 observations that can bring light to this complex questions.
New York Law Journal | Analysis
By Marco Molina, Alexandra L. Trujillo and Shaia Araghi | November 17, 2023
In the legal industry, little-known statutes with potentially serious consequences slip by unnoticed. This is the case with "home court" statutes, which have the ability to obliterate the forum selection, choice of law and/or arbitration clauses in construction agreements. This article serves as a primer on these statutes so they don't sneak past you in the future.
New York Law Journal | Analysis
By Leslie A. Berkoff | November 17, 2023
The use of AI is pervading all aspects of the legal profession, and many are questioning the application of AI within each specific practice area. In the dispute resolution space, AI has already been a part of this practice area for some time—but can it replace human mediators?
New York Law Journal | Analysis
By J.P. Duffy | November 17, 2023
This article examines the difficulties that privilege issues can present in international arbitration, and concludes that solutions oftentimes lie with an overlooked legal tool—common sense.
New York Law Journal | Analysis
By Catherine Amirfar and Nicole Marton | November 17, 2023
The types of disputes that may arise from increased lunar activity and exploration may be placed into three categories: disputes between countries, between companies, or between a company and a country. No matter which flavor a particular dispute takes, they are all sure to deal with a complex interplay of international and commercial legal issues.
New York Law Journal | Analysis
By Adam C. Calvert and Brian Ramkissoon | November 10, 2023
This article explores the history of consent by registration in personal jurisdiction case law, recent decisions at the federal and state level and a proposed amendment in the New York Legislature to change the current law in New York.
New York Law Journal | Analysis
By Michael V. Caruso | November 10, 2023
The challenges of guaranteeing the right to a clean and healthful environment will create many legal pariahs in trial courts and intermediate appellate courts, and in due time, New York's Court of Appeals will be confronted with the fresh face of this movement.
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