The Legal Intelligencer | Commentary
By Coraleine J. Kitt | June 10, 2024
This act, the first of its kind in the country, aims to reshape AI system deployment and development, setting a precedent for other jurisdictions.
New York Law Journal | Analysis
By Schuyler Carroll and Tia Thevenin | June 7, 2024
Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
New York Law Journal | Analysis
By James Sullivan | June 7, 2024
Updating the NY UCC will further New York's well-established policy of encouraging New York choice of law and jurisdiction in commercial contracts and will help facilitate ever-growing electronic commerce in New York.
New York Law Journal | Analysis
By Mark B. Conlan and Noel L. Hillman | June 7, 2024
Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
New York Law Journal | Analysis
By William E. Curtin, Thomas R. Califano, Anthony R. Grossi and Veronica A. Courtney | June 7, 2024
While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
New York Law Journal | Analysis
By Dan McElhinney and Jorian Rose | June 7, 2024
Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
The Legal Intelligencer | Commentary
By Patricia E. Antezana | May 30, 2024
Recently, in Citizens Business Bank v. Mission Bank, the U.S. District Court for the Central District of California denied the plaintiff's motion to compel a forensic examination of certain electronic devices, accounts, and backup servers maintained by the defendant and the defendant's employees.
New York Law Journal | Analysis
By Evan W. Bolla | May 24, 2024
The Second Circuit's recent decision in 'Pine Management v. Colony Insurance Company' underscores the critical importance of providing notice to insurance carriers of possible claims, even when a specific demand is absent.
New York Law Journal | Analysis
By Matthew C. Penny and Bryce L. Friedman | May 24, 2024
Lawsuits have been filed across the country that allege harms purportedly caused by PFAS chemicals. The underlying litigations have resulted in billions of dollars in settlements, which, in turn, have led to demands for insurance coverage and associated coverage litigation.
New York Law Journal | Analysis
By Raymond A. Mascia Jr. and William G. Passannante | May 24, 2024
Recently, several New York courts have held that an insurance company has no right to recoup defense costs where the insurance policy includes a duty to defend, but does not include an express contractual provision allowing for recoupment.
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