Columns

  • New York Law Journal | Analysis

    The Dos and Don'ts of 'Yellowstone' Injunctions: A Brief Survey

    By Daniel A. Cohen and Fielding Huseth | November 8, 2017

    In this Outside Counsel column, Daniel A. Cohen and Fielding Huseth survey decisions across a variety of asserted breaches, to aid practitioners in determining when a court will issue a 'Yellowstone' injunction.

  • New York Law Journal | Analysis

    New International Guidelines for Banks on 'Step-In' Risk

    By Kathleen A. Scott | November 7, 2017

    In her International Banking column, Kathleen A. Scott discusses new international guidelines issued in October by the Basel Committee on Banking Supervision of the Bank for International Settlements. The guidelines are part of a continuing effort to strengthen oversight and regulation of the so-called “shadow banking system."

  • New York Law Journal | Analysis

    Time to Open the Door on Exclusive Occupancy

    By Dana M. Stutman | November 7, 2017

    In this Outside Counsel column, Dana M. Stutman writes: It is time for the courts to place priority upon the emotional well-being of people that are divorcing (and their children) and to grant separations to parties as an interim step toward resolution.

  • New York Law Journal | Analysis

    Courts Begin Applying Two-Part Test for Copyright Eligibility of Design of a Useful Article

    By Lewis R. Clayton and Eric Alan Stone | November 7, 2017

    In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone write: In 'Star Athletica', the U.S. Supreme Court articulated a two-part test for determining whether the design of a useful article is eligible for copyright protection. They report here on the subsequent cases applying this test.

  • New York Law Journal | Analysis

    Limits on the Scope of Honest Services Fraud

    By Elkan Abramowitz and Jonathan Sack | November 6, 2017

    In their White-Collar Crime column, Elkan Abramowitz and Jonathan Sack discuss the recent 'McDonnell' decision, particularly the effort of the Supreme Court to articulate limits on the reach of honest services fraud liability, and application of the decision in 2017 to several high-profile prosecutions of former high-ranking New York State politicians in the Second Circuit.

  • New York Law Journal | Analysis

    The Dramatic Transformation of M&A Law Since 2014

    By Gail Weinstein, Arthur Fleischer Jr., Philip Richter and Steven Epstein | November 6, 2017

    Gail Weinstein, Arthur Fleischer Jr., Philip Richter and Steven Epstein write: After three decades of evolution of an analytical framework for judicial review of board decisions relating to merger and acquisition transactions, the Delaware courts have, in just the last few years, radically transformed M&A law.

  • New York Law Journal | Analysis

    Warning on ESI Waivers and Intentional Deletion of Even Irrelevant Emails 

    By Mark A. Berman | November 6, 2017

    In his State E-Discovery column, Mark A. Berman writes: Warning—recent First Department decisions highlight the obstacles in preventing the disclosure of electronically stored communications between a client and personal counsel, and make clear that a party's admitted intentional destruction of emails from a personal email account, after the duty to preserve had been triggered, may well result in the imposition of spoliation sanctions.

  • New York Law Journal | Analysis

    Can Worker's Alleged Failure to Properly Construct a Safety Device Bar Recovery Under §240(1)? 

    By Brian J. Shoot | November 3, 2017

    In his Construction Accident Litigation column, Brian J. Shoot analyzes the following issue: What if there was no “readily available” safety or elevating device and the defendants instead blame the worker for his or her failure to construct such a device from materials that were “readily available” at the site? Can the worker's failure to properly construct the device bar his or her §240 claim?

  • New York Law Journal | Analysis

    Client Confidentiality, Crossing International Borders, and an Opinion on Avvo

    By Anthony E. Davis | November 3, 2017

    In his Professional Responsibility column, Anthony E. Davis updates a prior column regarding the ethical issues that arise when lawyers travel internationally while carrying electronic devices containing client confidential information, and highlights two recent ethics opinions, one addressing confidentiality concerns when lawyers discuss client matters on social media, and one outlawing participation in Avvo by New York lawyers.

  • New York Law Journal | Analysis

    DFS Flexes Enforcement and Regulatory Muscles in Equifax Hack Scandal

    By Marlon Paz and Andrew Jacobson | November 3, 2017

    In this Outside Counsel column, Marlon Paz and Andrew Jacobson provide an overview of proposed DFS regulation and the regulatory and enforcement implications for entities that fall under DFS's jurisdiction.

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