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New York Law Journal

Paid Sick Leave Laws: New York 10-Year Retrospective

Paid sick leave law in the United States is as volatile and complex as any area of employment law. New York's paid sick leave story in particular serves as a microcosm for the nation's larger law proliferation, as both impose heavy burdens on covered employer and often lead employers to ask: when will there be a federal solution?
8 minute read

New York Law Journal

The State of Sell-Side M&A in the Current Market

Although the current M&A landscape remains firmly in favor of buyers, presenting challenges for sellers who are contending with buyer-favorable deal terms and a disconnect in valuation expectations, signs of a slowly recovery are emerging.
8 minute read

New York Law Journal

How M&A Lawyers Can Help Clients Bridge the Valuation Gap

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.
8 minute read

New York Law Journal

Mind the Gaps: Why Data Privacy and Cybersecurity Risk Management Are Essential for Private Equity Companies

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.
7 minute read

New York Law Journal

Legal and Illegal Monopolies: Why the PGA-LIV Merger Will Not Survive Regulatory Scrutiny

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.
9 minute read

New York Law Journal

Of Course All M&A Lawyers Are Angels—That's Why the Devil Is in the Details

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.
8 minute read

New York Law Journal

Bumping the Bump-Up Exclusion: A Policyholder's Guide to Resisting Improper Coverage Denials

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.
12 minute read

New York Law Journal

Emerging Landscape for Fossil Fuel Producers Seeking Coverage for Climate Change Liability Lawsuits

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.
8 minute read

New York Law Journal

Maritime Coverage Case About To Make Waves at Supreme Court

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.
8 minute read

New York Law Journal

NAIC Proposal on Credit Ratings Causing Market Disruption

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.
8 minute read

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