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New York Law Journal

Arbitrating Contract Formation Challenges: Putting the Cart Before the Horse?

This article examines how New York courts approach the question of arbitrability generally and explores the murky depths of New York case law where that question coincides with a challenge to contract formation.
8 minute read

New York Law Journal

Five Ways Securities Class Action Defendants Can Play Offense

Consider these five strategies securities defendants can employ to win before trial, set up appellate opportunities, and obtain settlement leverage.
7 minute read

New York Law Journal

Transferring Risk With Contracts, Insurance Coverage and Sometimes, Litigation

A recent decision from the U.S. District Court for the Eastern District of New York illustrates an effective approach for an owner or general contractor to receive defense coverage as an additional insured to a subcontractor's liability insurance.
10 minute read

New York Law Journal

'You Gotta Have Faith': Practical Guidance for Handling University Student Requests for Religious Exemptions in New York

While New York courts have not squarely addressed the parameters for these inquiries in any definitive manner, related cases decided in differing contexts provide useful guidance as university administrators and advisors seek to differentiate the true religious observer from the exemption candidate motivated by concerns unrelated to faith.
8 minute read

New York Law Journal

White-Collar Crime

In this Special Report: "The SEC's New Approach to Neither-Admit-Nor-Deny Policy May Not Be So New After All," "Crypto Insider Trading: What Exchanges Should Know," "What the New DOJ Cryptocurrency Enforcement Team Means for Crypto Exchanges and Other Entities That Facilitate Digital Asset Transactions" and "Rare Decision Holding a Forfeiture Order To Be Constitutionally Excessive May Provide Roadmap for Future Challenges."
1 minute read

New York Law Journal

The SEC's New Approach to Neither-Admit-Nor-Deny Policy May Not Be So New After All

The SEC's newly appointed Director of the Division of Enforcement, Gurbir Grewal, recently announced a potentially significant change to the policy, indicating that the SEC will require admissions in certain matters.
7 minute read

New York Law Journal

Crypto Insider Trading: What Exchanges Should Know

This article discusses the potential criminal and civil penalties that digital asset exchanges can face if their employees engage in insider trading in digital assets. The authors also suggest several measures that exchanges can take to reduce their exposure from such risks.
9 minute read

New York Law Journal

What the New DOJ Cryptocurrency Enforcement Team Means for Crypto Exchanges and Other Entities That Facilitate Digital Asset Transactions

Recent DOJ prosecutions and regulatory enforcement actions provide insight into what crypto-exchanges, infrastructure providers, and other crypto businesses can expect.
8 minute read

New York Law Journal

Rare Decision Holding a Forfeiture Order To Be Constitutionally Excessive May Provide Roadmap for Future Challenges

The potential implications of Judge Rakoff's ruling are such that the Government has already indicated its intention to take an exceedingly rare affirmative appeal.
9 minute read

New York Law Journal

Alternative Dispute Resolution

In this Special Report: "COVID-19 and Technology in International Arbitration," "Companies Are Key To Driving Diversity in Arbitration," "The Hard Peace: Mediation in New York's Med-NJ Program," "Protecting Intellectual Property Rights Through International Arbitration," "The Importance of the Preliminary Conference in Commercial Arbitration: Proactively Ensuring the Experience of the Proceeding," "The Mediation Opening Statement: Why You Should Make It and How To Make It Work" and "Emergency Arbitration Awards and Global Enforcement."
2 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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