New York Law Journal | Analysis
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
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
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
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
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
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
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
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
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
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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