New York Law Journal | Analysis
By John C. Coffee Jr. | May 18, 2022
The need to invoke the criminal sanction seems doubtful, particularly because the disclosure of the leaker's identity (at least in the case of Justice Alito's opinion) is likely to be career-ending.
New York Law Journal | Analysis
By Michael Miller and Daniel Podair | May 11, 2022
This article discusses how the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.
New York Law Journal | Analysis
By Evan T. Barr and Arthur Kutoroff | May 4, 2022
'Afriyie' has created a bright line rule that may ultimately protect some defendants from having to pay certain exorbitant sums as restitution. On the other hand, the decision also creates a maddening and impractical situation for corporate counsel.
New York Law Journal | Analysis
By Corinne Ball | April 27, 2022
The Seventh Circuit's opinion stands as a strong reminder that notice and a meaningful opportunity to be heard are key underpinnings of the bankruptcy system.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | April 20, 2022
In this edition of their Taxation column, Elliot Pisem and David E. Kahen discuss two recent cases in which federal tax rules were found to be unenforceable by reason of the government's failure to comply with the notice-and-comment requirement of the Administrative Procedure Act.
New York Law Journal | Analysis
By Lara Flath and Thania Charmani | April 13, 2022
In 'Word of God Fellowship v. Vimeo', the First Department dismissed claims of breach of contract and unjust enrichment, holding that an Internet service provider's good faith decision to remove content that it considers objectionable is immune from liability under §230(c)(1) of the Communications Decency Act.
New York Law Journal | Analysis
By Barbara M. Goodstein | April 6, 2022
One set of UCC amendments relates to chattel paper and leasing, and involves amendments relating not only to the increased reliance on electronic documents, but also the growing prevalence of hybrid (or "bundled") transactions (i.e., combining the sale or lease of specific goods with the provision of other property, such as software, services or other goods. It is this last category of proposed amendments that Barbara M. Goodstein focuses on in today's edition of her Secured Transactions column.
New York Law Journal | Analysis
By Jeffrey Alberts | March 30, 2022
U.S. holders of cryptocurrency have been eager to participate in the crypto lending market, but recent actions by the SEC are causing unexpected, and likely unintended, changes in how these loans are made. In fact, the SEC's actions may well reduce the amount of lending done through products registered with the SEC and increase the amount of lending on platforms that are not operated by licensed U.S. companies.
New York Law Journal | Analysis
By Alexandre Rene, Michael R. Littenberg, Jessica L. Soto and Caitlin Handron | March 23, 2022
Closing the gap between well-meaning diversity efforts and true equity and inclusion is difficult. Racial Equity Audits are a step in the right direction toward creating accountability between values and outcomes.
New York Law Journal | Analysis
By John C. Coffee Jr. | March 16, 2022
The SEC recently proposed new rules amending the disclosure of beneficial ownership under §13(d) of the Williams Act from 10 days to 5 days (meaning that those who acquire over 5% of a class of an equity security of a public corporation will have to disclose their stake in half the time as before).
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