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New York Law Journal

Stock Trading Plan Rule Amendments Augur Changes to Securities Fraud Litigation

This article summarizes the most significant changes in the SEC's proposal and highlights what they may mean for corporate insiders defending against securities fraud claims in the future.
9 minute read

New York Law Journal

Cooperative Boards of Directors Do Not Have Unlimited Power To Reject Proposed Purchasers

When a board acts contrary to restraints set forth in the cooperative's proprietary lease, it risks suit by the aggrieved seller to force the board to approve the sale to the proposed purchaser and, in addition, to recover the seller's attorney fees and damages for the seller's costs incurred to carry the apartment until the court-ordered transfer occurs. This is what happened in 'Kotler v. 979 Corp.'
7 minute read

New York Law Journal

Aligning Litigation and Finance Teams To Reduce Expenses and Enhance Liquidity

Research suggests that while two of three GCs say their companies have affirmative recovery programs, nearly half see room for improvement. Importantly, those that use legal finance to reduce the cost and risk of their affirmative recovery programs tend to see better results.
10 minute read

New York Law Journal

An E-Discovery Sea-Change: Embracing a Digital Workforce Revolution

This article explores five of the biggest changes impacting e-discovery, concluding that the modern e-discovery practitioner must accept a reality of constant change.
8 minute read

New York Law Journal

Courts Narrowing E-Discovery Rather Than Shifting Costs

Certain decisions from the past year suggest that New York courts addressing requests to shift costs in connection with e-discovery are more inclined to exercise their discretion under Article 31 of the CPLR to limit the scope of the requested e-discovery than they are to shift the costs of such discovery to the requesting party.
6 minute read

New York Law Journal

Stealing the Scraps: Dissecting the Meaning of Cooperation and Transparency in E-Discovery

Cooperation and a degree of transparency are important tools that reduce the overall number of disputes and help control costs, but there is a limit to such cooperation and transparency.
7 minute read

New York Law Journal

It Is Not 'Either Or': The Big Lesson From Judge Francis in 'Diisocyanates'

Even where the producing party's discovery solution is flawed and the requesting party's solution is reasonable, the court should not impose that solution on the producing party, but rather, the court should let the producing party find a reasonable solution that works best for it. This is the big lesson of 'Diisocyanates'.
8 minute read

New York Law Journal

Top Developments, Lessons and Reminders of 2021

2021 saw significant developments, lessons and reminders. In addition to the developments discussed below, important legislation was enacted in 2020, which became effective in 2021.
18 minute read

New York Law Journal

SSHHH! Should Trustees Speak Up About Quiet Trusts?

New York trusts and estates practitioners will undoubtedly encounter a Quiet Trust at some point, either because a client would like to create one, or needs guidance as a beneficiary or trustee of one, and they must understand the challenges posed by Quiet Trusts in New York.
8 minute read

New York Law Journal

Taxable Gift Reporting on Form 709

Many wealthy families completed gifting plans in 2021 to use the increased BEA, and will need to report taxable gifts on a Federal Gift Tax Return—Form 709.
8 minute read

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