New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | June 18, 2024
In two recent Tax Court decisions, it was determined that, although there had been a loss in value attributable to activities ultimately determined to be crimes, no theft loss was allowable to the petitioners because no crime in the nature of theft had been committed against the petitioners themselves to deprive them of property that they owned.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | June 5, 2024
The recently decided Southern District of New York case of 'CCO Condo Portfolio (AZ) Junior Mezzanine v. Feldman' hinged on whether a UCC Article 9 foreclosure was conducted in a commercially reasonable manner.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | May 22, 2024
The 2024 proxy season demonstrated that AI-related disclosures and governance structures currently are a subject of intense shareholder interest. It is likely that both disclosure- and governance-oriented shareholder proposals regarding AI will gain traction in future proxy seasons.
New York Law Journal | Analysis
By John Coffee | May 15, 2024
The SEC's long, successful campaign against insider trading has been legally predicated on two words—"deceptive device"—in Section 10(b) in the Securities Exchange Act. In terms of its legal authority, the SEC has little else to rely on, as insider trading is nowhere defined in federal legislation.
New York Law Journal | Analysis
By Corinne Ball | April 24, 2024
In March, the Seventh Circuit held that the same safe harbor provisions in the Bankruptcy Code may also extend to leveraged acquisitions structured as a purchase of privately held stock.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | April 17, 2024
'Acqis Technology v. Commissioner' confirms the continued vitality of the doctrine in the context of an apparent scheme to evade tax with respect to proceeds attributable to the settlement of patent infringement claims.
New York Law Journal | Analysis
By Lara Flath, Jacob Fargo and Gaby Colvin | April 10, 2024
This article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | April 3, 2024
'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.
New York Law Journal | Analysis
By Derek Dragotta | March 27, 2024
Data breaches are on the rise, as are the costs associated with them. AI is allowing bad actors to quickly shift tactics and generate more believable scams. There is a significant uptick in attempted fraudulent filings. This article presents various ways in which you can protect your organization, as well as your class, from these threats.
New York Law Journal | Analysis
By John Coffee | March 20, 2024
Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
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