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New York Law Journal

Revoked Relief Erroneous: ERAP Includes Cooperative Maintenance

The Emergency Rental Assistance Program was created to provide economic relief to low- and moderate-income households at risk of homelessness due to the pandemic. The program was rushed to meet the immediate threat of evictions due to the COVID shutdowns, and the hastiness of ERAP's creation has led to a wave of litigation, including a recent New York Supreme Court ruling.
6 minute read

New York Law Journal

Will the New Safe Harbor Policy Create a Safe Haven for Companies Reporting Misconduct Discovered in M&A?

The U.S. Department of Justice (DOJ) is adding to its toolkit to encourage voluntary self-disclosures in the corporate criminal enforcement space—this time in connection with mergers and acquisitions. Under the new M&A Safe Harbor Policy, such acquiring firms will receive the presumption of a declination, presuming the acquiring company timely self-reports the misconduct, cooperates in the investigation, and engages in appropriate and timely remediation.
8 minute read

New York Law Journal

The Importance of the 'How' and the 'Why' in SEC Settlement Penalty Calculations

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.
10 minute read

New York Law Journal

Voluntary Self-Disclosure Basics: Whether and How To Use It

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.
6 minute read

New York Law Journal

Divergent Paths of Crypto Fraud Enforcement: How Three Major U.S. Agencies Police Fraud

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 Predictably, the outdated and varied methodologies have returned mixed and contradictory results.
9 minute read

New York Law Journal

Ten Ways To Know When To Undertake Mediation

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.
8 minute read

New York Law Journal

Home Court Statutes: The Silent Forum Selection Assassin

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.
8 minute read

New York Law Journal

Artificial Intelligence in the Dispute Resolution Space: Can Robots Replace the Professionals?

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?
8 minute read

New York Law Journal

Privilege and Common Sense in International Arbitration

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.
8 minute read

New York Law Journal

'Race' to the Moon: The Future of International Space Law Disputes

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.
8 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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