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April 13, 2023 | New York Law Journal

'Follow the Evidence': The Bronx's Digital Forensics Laboratory Is Here to Inculpate and Exonerate

The Bronx District Attorney Office's Digital Forensics Laboratory is the first to be accredited in New York State, and only the fourth nationwide. It's led by ADA Peter Kennedy and Lab Director Selena Ley.
9 minute read
April 12, 2023 | The Legal Intelligencer

With Rising Consumer Privacy Litigation, Is It Time to Dust Off Those Online Policies?

It is essential that the company intending to use an online policy to restrict a web user's means to sue it obtain affirmative evidence of the user's agreement to those terms, and that those terms are clear, conspicuous, and that the web user had notice of them.
6 minute read
March 28, 2023 | New York Law Journal

Rule 10b-5 Liability, Part 3: The Second Circuit and 'Rio Tinto'

In the first two installments in this series, the author discussed Janus Capital Group, Inc. v. First Derivative Traders, and Lorenzo v. S.E.C., both essential to understanding S.E.C. v. Rio Tinto, the Second Circuit's most recent holding regarding Rule 10b-5 "scheme" liability, discussed here.
9 minute read
February 23, 2023 | Corporate Counsel

Merill Lynch Alum to Head Legal Team at Mortgage Giant

Carlos Pelayo is joining Mr. Cooper Group after holding senior roles at a string of prominent financial players, including Barclays and Lehman Brothers.
2 minute read
February 06, 2023 | New York Law Journal

2nd Circuit Weighs Whether to Revive Antitrust Suit Against Major Banks

The financial institutions were sued for alleged antitrust violations in 2018, accusing them of engaging in an illegal boycott.
4 minute read
Law Journal Press | Digital Book Limited Liability Companies and Limited Liability Partnerships Authors: Thomas A. Humphreys View this Book

View more book results for the query "Merrill Lynch Pierce Fenner and Smith Limited"

January 06, 2023 | New York Law Journal

Different Federal Court Approaches to Scheme Liability

A circuit split has emerged over the scope of Lorenzo's holding, which reflects a fundamental disagreement about the relationship between scheme liability and Rule 10b-5(b).
7 minute read
December 05, 2022 | New Jersey Law Journal

McCarter & English's Double-Digit Profit Dip Accompanies a Growing Footprint

Leaders at the Newark-based firm say temporary expenses during the pandemic came back into play during its 2022 fiscal year, which saw it expand into Indianapolis and Miami.
6 minute read
November 18, 2022 | New York Law Journal

Get It in Writing: Oral Agreements Are 'Ill-Suited Means of Forming Enforceable Contracts'

'Van Bortel v. Ford Motor Co.' serves as a reminder that while oral agreements can sometimes be enforceable, it is rare. Contracts should be in writing.
10 minute read
November 14, 2022 | New York Law Journal

Equity Compensation Must Be Protected as Wages

States are divided as to whether these stocks, vested or unvested, constitute wages. While federal law prohibits employers from improperly withholding employee wages, it does not protect equity compensation.
8 minute read
October 25, 2022 | Daily Report Online

Supreme Court's Fractured Ruling on Enforcing Arbitral Awards Impacts Circuit Courts

The U.S. Supreme Court previously opined on the issue in a badly fractured opinion, Commonwealth Coatings Corp v. Continental Casualty Co. The majority opinion, authored by Justice Hugo Black, called for arbitrators to avoid even the "impression of possible bias," and stated that arbitrators should be held to the same standard as Article III judges.
7 minute read

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