By Barbara M. Goodstein and Jennifer Kratochvil | October 3, 2018
In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | September 26, 2018
In their Corporate Governance Update, David A. Katz and Laura A. McIntosh write: As the #MeToo movement continues to make itself felt in all facets of American life, public company boards of directors that are newly focused on the issue of workplace harassment have seen corporate responses evolve. In recent months, many boards have overseen the addition of anti-harassment policies to corporate codes of conduct, the establishment of procedures for addressing allegations, and the enhancement of employee training at all levels.
New York Law Journal | Analysis
By John C. Coffee Jr. | September 19, 2018
In his Corporate Securities column, John C. Coffee Jr. writes: A drama is playing out in Boston federal court before a respected judge that could prove to be a legal “Watergate,” one that could reshape class action practice.
New York Law Journal | Analysis
By Joshua Mitts | September 12, 2018
In his Securities Law column, Joshua Mitts discusses how smaller public companies are being attacked by predatory short sellers who drive down stock prices by buying put options prior to posting hit pieces on blogs and social media.
By Steven M. Witzel and Andrew B. Cashmore | September 5, 2018
In their Corporate Crime column, Steven Witzel and Andrew Cashmore review the issues that district courts face when confronted with the violation of a supervised release for using marijuana, at a time when the nation's views on drug use are rapidly evolving.
By Brian Socolow and Lindsay Feuer | August 29, 2018
The expansion of technology and globalization has brought many challenges for individuals and companies entering into agreements, as well as the New York courts and judges who are ultimately interpreting those agreements. In their article, Brian Socolow and Lindsay Feuer detail how New York federal and state judges interpret choice of law provisions and foreign laws, and what should be considered before agreeing to a choice of law provision.
By Elliot Pisem and David E. Kahen | August 15, 2018
In their Taxation column, David E. Kahen and Elliot Pisem discuss 'Illinois Tool Works v. Commissioner,' a case which provides guidance as to the factors likely to influence a court in distinguishing a loan from a distribution.
New York Law Journal | Expert Opinion
By Joseph M. McLaughlin and Shannon K. McGovern | August 8, 2018
Corporate Litigation columnists Joseph McLaughlin and Shannon McGovern discuss the use and limits of issue certification.
By Barbara M. Goodstein | August 1, 2018
In her Secured Transactions column, Barbara Goodstein reviews Mission Prod. Holdings v. Tempnology, and writes: "In the wake of Mission, there is now a clear split among the federal circuit courts as to whether a licensee of trademarks can or cannot continue to use those trademarks after the license has been rejected by a bankrupt licensor."
By David A. Katz and Laura A. McIntosh | July 25, 2018
In their Corporate Governance column, David Katz and Laura McIntosh consider whether instituting gender quotas for boards of directors of public companies would be beneficial or harmful to the larger goals of gender parity and board diversity in the United States.
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