New York Law Journal | Analysis
By Justin Macke | October 13, 2023
Macroeconomic headwinds and interest rates increases have slowed M&A markets during the last year. To find ways to transact in this environment, buyers and sellers are increasingly looking to investment bankers and legal counsel to offer creative ways to bridge the gap on value.
New York Law Journal | Analysis
By Catherine Castaldo and Anthony Diana | October 13, 2023
This article addresses how private equity companies need to understand and proactively manage the privacy and security practices of their portfolio companies to maximize the value of their investments.
New York Law Journal | Analysis
By Paul M. Kaplan | October 13, 2023
On June 6, 2023, three established professional golf entities announced a landmark agreement "to unify the game of golf, on a global basis." However, the legal infirmities plaguing this proposed agreement are not subtle, and it has drawn the attention of the Department of Justice, Antitrust Division.
New York Law Journal | Analysis
By Lee J. Potter Jr. and Steven G. Perelman | October 13, 2023
In recent years, M&A practitioners have come to realize that the simple word "fraud" is not so simple after all and, depending on certain factors, alleging fraud could give a buyer a much wider end run around the indemnification package limitations than was realized or intended.
New York Law Journal | Analysis
By William G. Passannante and Raymond A. Mascia Jr. | October 1, 2023
In the authors' experience, insurance companies interpret the bump-up exclusion far too broadly and beyond the insurance industry's purported intent behind the exclusion. D&O policyholders should be prepared to resist such coverage denials.
New York Law Journal | Analysis
By Courtney C.T. Horrigan, John Ellison and Russell M. Squire | October 1, 2023
Hawaii, recently devastated by the Lahaina Fire, looks to be the first state to have its Supreme Court weigh in on the applicability of pollution exclusions to climate change lawsuits. This article examines what is at stake for policyholders and the road to recovery in this rapidly evolving area of insurance coverage law.
New York Law Journal | Analysis
By Jillian Raines and Alex Harris | October 1, 2023
How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
New York Law Journal | Analysis
By Daniel A. Rabinowitz and Matthew Doyle | October 1, 2023
Developments at the nation's premier forum of state insurance regulators are roiling capital markets, with potentially meaningful consequences for companies raising funds as well as the insurance industry as a whole.
New York Law Journal | Analysis
By G. Andrew Lundberg | October 1, 2023
Legal finance has found some vocal detractors in its development. Big business generally, and the insurance industry particularly, may never fully embrace it—but their roles in the legal risk marketplace confirm that the line between good capital and bad capital isn't as clear and as fine as they seek to make it.
New York Law Journal | Analysis
By Richard J. Bernard and Roya Imani | September 17, 2023
In this article, Richard J. Bernard and Roya Imani explore the challenges faced by U.S. debtors aiming to qualify for Chapter 15 recognition.
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