By Barbara M. Goodstein | June 6, 2018
In her Secured Transactions column, Barbara Goodstein shows how the case 'JCC Development Corp. v. Levy' can be used as a cautionary tale for attorneys who draft or review loan documents that small variations in the language of the documents can potentially lead to fatal flaws.
By Scott Flaherty | May 22, 2018
A racist rant. Scrutiny over prolific billable hours. Controversy over arbitration pacts. All three have made news in the legal world in the past few months, and all were thrust into the spotlight through social media.
By John C. Coffee Jr. | May 16, 2018
In his Corporate Securities column, John C. Coffee Jr. examines the recent decision in 'In re Xerox Corp. Consol. Shareholder Litigation', in which Justice Barry Ostrager enjoins the Xerox shareholder vote and requires a waiver of its advance notice bylaw.
New York Law Journal | Analysis
By Philip Berkowitz and Hironobu Tsukamoto | May 9, 2018
In this Employment Issues column, Philip Berkowitz and Hironobu Tsukamoto write: Effective communication is key to being a good lawyer. But one cannot communicate effectively if one does not have a sense of the listener's values. And this may be particularly true when implementing codes of conduct across borders.
New York Law Journal | Analysis
By Steven M. Witzel and Daniel C. Fishbein | May 2, 2018
In this Corporate Crime column, Steven M. Witzel and Daniel C. Fishbein focus on recent and novel enforcement actions in the municipal bond space. They survey municipal securities regulatory changes and enforcement innovations geared toward municipal issuers, and look at the future direction for enforcement and regulation in the muni-bond market.
New York Law Journal | Analysis
By Corinne Ball | April 25, 2018
In her Distress Mergers and Acquisitions column, Corinne Ball writes: In 'In re Transwest Resort Properties', the Ninth Circuit expressly rejected the “per debtor” interpretation of §1129(a)(10) in favor of a “per plan” approach.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | April 18, 2018
In their Taxation column, Elliot Pisem and David E. Kahen: The change made by the TCJA to §118 has obviously narrowed the scope of the exclusion from income for non-shareholder capital contributions to corporations. Uniquest, and the statement in the TCJA Conference Report underscoring that §118 is applicable solely to corporations, may cause the courts to be even more reluctant to seriously consider any argument for an exclusion from income of non-partner contributions to partnerships.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | April 11, 2018
Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: The Delaware Supreme Court recently clarified the limits of the stockholder ratification defense in litigation challenging director compensation awarded under the parameters of a stockholder-approved compensation plan.
New York Law Journal | Analysis
By Barbara M. Goodstein | April 4, 2018
In her Secured Transactions column, Barbara M. Goodstein writes: The changes in law arising from the Great Recession were certainly considerable. But it may come as a surprise to many that as much as 10 years later court decisions continue to emerge from those turbulent times.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | March 21, 2018
In their Corporate Governance column, David A. Katz and Laura A. McIntosh write: While corporate policymaking and public statements on social and political issues are essentially management decisions, the board should be kept informed and has the right to weigh in, if it so chooses.
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