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New York Law Journal

Serta-nty on Open Market Purchases

In this article, we summarize the Serta up-tier transaction and its treatment by the courts, and provide practical guidance to market participants dealing with these type of transactions.
8 minute read

New York Law Journal

Will Mall of America Appeal Decision Create Uncertainty for Buyers of Assets From Chapter 11 Debtors?

The Supreme Court's holding in MOAC Mall Holdings was that 11 U.S.C. Section 363(m), which limits the impact of appeals of unstayed bankruptcy court sale orders, is not jurisdictional because it does not satisfy the "clear-statement principle" and, thus, it does not preclude all appellate review.
8 minute read

New York Law Journal

Pre-Denial Work Product Limitation Applies to Insurers and Not Policyholders

While Insurers routinely contend that this prohibition applies equally to policyholders in discovery disputes, a recent decision by Judge Jesse Furman in the Southern District of New York clarifies that this limitation on the scope of work product "applies to insurers ... and not to insureds."
6 minute read

New York Law Journal

Scrutiny of the Use of AI by Life Insurers Is Increasing

While the topic is seemingly ubiquitous now, life insurance regulators have been grappling for several years with the potential risks and benefits of insurers using AI, and the large external data sources utilized by AI, in underwriting and other insurance practices.
9 minute read

New York Law Journal

Anti-Subrogation Rule When Pursuing Workers' Comp 1B Coverage in Construction Accidents

When determining which insurer will fund a settlement or verdict in a construction related incident involving a "grave injury" governed by the New York Labor Law, commercial general liability (CGL) insurers must confront the rule of anti-subrogation before Workers' Compensation 1B unlimited coverage can be triggered. This is a fertile ground for disputes in "grave injury" defense litigation.
10 minute read

New York Law Journal

A Defective Precedent for 'Defective Work' in Insurance Coverage

Litigation following a construction project is as common as a coffee shop in Manhattan. The availability of insurance coverage can be pivotal to the defense and resolution of such lawsuits. However, insurance coverage for construction defects litigation in New York has long been clouded by misunderstandings surrounding the First Department's 1994 decision in George A. Fuller v. U.S. Fidelity & Guaranty.
8 minute read

New York Law Journal

Surfside: The Historic Settlement and the Legislative Response

The state's legislative response presents an interesting case study on government efforts to curb the impact of bad faith laws as a result of lessons learned from this tragedy.
7 minute read

New York Law Journal

Three's a Crowd: The Pitfalls of Asserting Privilege Over Communications With Public Relations Firms

Because public relations firms are strangers to the attorney-client relationship, these communications raise important questions concerning how far the protections of the attorney-client privilege extend. As with any third party, the presence of an attorney on an e-mail chain does not necessarily shield the communication from disclosure—and in fact, the inclusion of that third party may waive privilege that would otherwise apply.
8 minute read

New York Law Journal

Delaware Courts Rejecting SPAC Defenses

One year into this litigation boom, plaintiffs continue to sue SPAC management, founders, and sponsors for various alleged breaches of fiduciary duties. A recent decision—Delman v. GigAcquisitions3—could accelerate that trend and portend a narrowing of available defenses.
9 minute read

New York Law Journal

Do Self-Appointed 'Tester' Plaintiffs Have Standing to Sue Under the ADA?

The U.S. Supreme Court's decision could have significant ramifications for ADA litigation that has been wildly proliferating in the Second Circuit and elsewhere for the past decade.
10 minute read

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