New York Law Journal | Analysis
By Stephen L. Ascher, Jason P. Hipp, Melissa Fedornak and Dylan Madoff | May 10, 2024
This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.
By Ediberto Roman | May 7, 2024
The Texas two-step provides a basis for equitable and efficient judicial resolutions and provides global stability that prevents high-stakes litigation shopping. It is thus an efficient means to resolve a host of claims that can number into the thousands in a host of courts throughout the country.
The American Lawyer | Analysis
By Dan Roe | May 6, 2024
A Delaware bankruptcy judge's recent order reflects rising scrutiny over Big Law bills in mega-bankruptcies.
The American Lawyer | Analysis
By Dan Roe | April 22, 2024
As more large corporations go bust, lenders are jockeying for the position to get repaid first.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | April 17, 2024
'Acqis Technology v. Commissioner' confirms the continued vitality of the doctrine in the context of an apparent scheme to evade tax with respect to proceeds attributable to the settlement of patent infringement claims.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | April 10, 2024
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.
The American Lawyer | Analysis
By Dan Roe | April 9, 2024
"They didn't care because they were making too much money off of it, and now it's especially sad that they're finding yet another way to make money off of the very problems they helped create," Yale Law School professor John Morley said of the corporate lawyers who participated in the frenzy.
Delaware Business Court Insider | Analysis
By Ellen Bardash | March 27, 2024
Corporate practitioners say there's been no signs that there will be any significant corporate exodus from Delaware in the near future.
New York Law Journal | Analysis
By Edward E. Neiger, Marianna Udem and Joo Hee Park | March 14, 2024
This issue of the Bankruptcy Update column focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.
New York Law Journal | Analysis
By Sharon Lee, Ching-Lee Fukuda and Halley Herbst | March 8, 2024
This article focuses on the split on the inevitable disclosure doctrine and recent developments indicating how New York is likely to come out on the issue.
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