By Corinne Ball | April 25, 2023
Fifth Circuit lauds bankruptcy courts, pointing to the importance of finality for bankruptcy sale orders and the damaging impact of COVID-19 on the debtor's business, to affirm good faith purchaser status of an affiliated purchaser.
New York Law Journal | Expert Opinion
By Lara Flath and Judy Flumenbaum | April 12, 2023
In their Corporate Litigation column, Lara Flath and Judy Flumenbaum discuss how New York courts assess whether or not a corporation is an alter ego of an individual and the potential implications for personal jurisdiction.
By Barbara M. Goodstein | April 5, 2023
Since 1990, the UCC Permanent Editorial Board (PEB), has issued 27 commentaries interpreting the UCC or its Official Comments, the most recent of which the authors discuss here.
New York Law Journal | Analysis
By Jeffrey Alberts | March 29, 2023
This article asks the question "Is it in the interest of New Yorkers for the New York AG to aggressively litigate against foreign companies for violating New York state registration requirements?"
By John C. Coffee Jr. | March 15, 2023
On April 17, the Supreme Court is set to hear argument in Slack Technologies v. Pirani, a case which seemingly deals with a technical issue of standing under Section 11 of the Securities Act of 1933, but which could render that provision largely irrelevant. In his Corporate Securities column, Professor John Coffee discusses both the implications of Slack and the predictable attempts by issuers and underwriters to downsize Section 11 further by manipulating its tracing requirements.
By Philip Berkowitz | March 8, 2023
Departing employees who leave, whether voluntarily or otherwise, may claim they earned a bonus and that the employer's failure to pay it on their termination constituted a breach of contract or even a violation of wage payment laws. Recently issued SEC regulations and announcements from the U.S. Department of Justice with regard to bonus policies have imposed new obligations on employers, and new areas of liability.
New York Law Journal | Analysis
By William F. Johnson | March 1, 2023
In his Corporate Crime column, William Johnson discusses how different circuit courts use different tests when deciding to immunize a defense witness. Some circuits have strict requirements for obtaining such an order while others have taken a more equitable approach. In Theryn Jones v. United States of America, the Supreme Court has a meaningful opportunity to address this long-standing split in the circuits on whether a more balanced standard should apply to requests for defense witness immunity.
By Corinne Ball | February 22, 2023
In her latest Distress M&A column, Corinne Ball discusses the recent decision in 'Elec. Reliability Council of Texas v. Just Energy,' which she believes participants in state-regulated industries, such as utilities, should pay special attention to. The decision, ordering abstention, "raises the possibility that a state-regulated debtor may face real challenges in a reorganization if it seeks to dramatically alter its obligations to a state or quasi-state agency."
New York Law Journal | Analysis
By Lara Flath and Judy Flumenbaum | February 8, 2023
The First Department's holding in 'BDO' is one that corporations and outside counsel conducting internal investigations and considering potential privilege issues should keep in mind.
By Barbara M. Goodstein | February 1, 2023
The key takeaway from the appeal court's analysis is obvious. Although waiver language can be broadly written, a waiver of defenses associated with standard guaranty "absolute and unconditional" language may not, in and of itself, waive a defense based on the statute of limitations.
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