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New York Law Journal

Novolex Holdings: A Rare Look at an RWI Claim Dispute

While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.
8 minute read

New York Law Journal

That's Not What the Parties Meant: How New York Courts Balance Intent, Conduct, and the Statute of Limitations in the Context of Scrivener's Errors

This article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.
8 minute read

New York Law Journal

NY Judge Rules Reinsurer Must Complete $227 Million Acquisition

The decision from Manhattan Supreme Court Judge Andrea Masley, of the Commercial Division, is a win for Bermuda-based insurance holding company James River Group Holdings. James River is represented by Debevoise & Plimpton.
2 minute read

Delaware Business Court Insider

'Match' Opinion Stresses Delaware Courts' Focus on Investors, Scrutiny of Controlling Shareholders

"The Delaware courts are going to continue to have a lot of skepticism when it comes to conflicted controller transactions," Fried, Frank, Harris, Shriver & Jacobson senior counsel Gail Weinstein said.
4 minute read

New York Law Journal

From Defense to Offense: Strategic Evolution in Corporate Claims Pursuit

Proactive commercial litigation and arbitration to recover significant damages have become more common. We are seeing businesses put in place additional measures to ensure that when they must litigate, they do so in the most efficient and effective manner for the organization. This article explores common themes and benefits.
9 minute read

New York Law Journal

Licensees in the Ordinary Course of Business: What's Exclusive and What's Not

'North Star' underscores the important distinction between nonexclusive and exclusive license agreements when foreclosing on a licensed asset. A licensee seeking to acquire use rights in trademarks encumbered by a perfected security interest should weigh the benefits under Section 9-321 of a nonexclusive license against possible commercial advantages of an exclusive license.
9 minute read

International Edition

Litigation Funders Have Won the Battle—But Will They Win the War?

Debate has intensified about the societal value of litigation funders as the UK government prepares a change to the rules that would help them, with some saying a review is needed first.
6 minute read

Delaware Business Court Insider

'David and Goliath' Contract Trial Ends With $11.6M Verdict for Lead Generator

Margolis Edelstein and Rigrodsky Law represented Data Logger Solutions, a Florida LLC, at trial before Judge Eric M. Davis.
2 minute read

New York Law Journal

Ex-Judge and Brooklyn Pol Frank Seddio Accused of Legal Malpractice, Attempted Judicial Tampering

A new lawsuit alleges Seddio, once a Surrogates Court Judge in Brooklyn, was bought into a case by Cole Schotz in an attempt to influence Manhattan Commercial Division Justice Andrew Borrok. Borrok is not accused of any wrongdoing.
3 minute read

New York Law Journal

Guggenheim Securities Sues Over Alleged $11 Million Contract Breach

Plaintiffs claim entertainment firm Falcon's Beyond Global–which designs and operates experiences for venues like theme parks, zoos, and museums–has failed to pay them anything following a successful merger.
3 minute read

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