February 12, 2025
Max Kaplan, Jeff Monheit, and Kayla Rubin discuss the Eleventh Circuit's decision in Insurance Marketing Coalition Limited v. FCC.
January 29, 2025
James Argionis contributed a practice note to LexisNexis discussing how law firm associates can successfully navigate a hybrid work environment.
January 22, 2025
Max E. Kaplan and Joan Taylor discuss the oral arguments before the Supreme Court in McLaughlin Chiropractic v. McKesson Corporation and how it may impact TCPA compliance and litigation.
January 16, 2025
Jerry Goldfeder contributed an article to the New York Daily News discussing whether President-Elect Trump will do the unexpected and abolish the Electoral College.
January 16, 2025
Hugh Marbury and Morgan Vastag contributed an Expert Analysis to Law360, discussing the nuances of drafting and litigating earnout provisions in Delaware.
January 16, 2025
Eric W. Leonard, Larry Prosen, and Rachel Schwartz discuss the withdrawal of the Proposed Rule on Pay Equity and Transparency in Federal Contracting and how this move may provide a preview on the incoming administration’s likely stance on government contracting and labor policy.
January 08, 2025
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Superior Court decision that emphasizes the importance of the language in the parties’ contract in assessing the buyers’ efforts regarding post-closing earnouts.
December 03, 2024
Josephine M. Bahn and Jeffery R. Mullen co-authored the expert analysis column “What Interest Rate Cuts Mean For Housing Markets” for Law360.
November 26, 2024
Lawrence Prosen, Jeremy Glenn, Debra Friedman, and Katlyn Slough discuss two new requests under the Freedom of Information Act (FOIA) for 2021 Type 2 Consolidated Employer Information Reports, Standard Form 100 and how companies may object to them.
November 21, 2024
Cohen and Weiss discuss key takeaways from the Division of Examinations’ (Division) 2025 priorities report released on October 21, 2024.
November 13, 2024
Alexander Cohen and Emily Fulginiti contributed an Expert Analysis to Law360, discussing the SEC’s focus through heightened enforcement efforts and enhanced examination surveillance on the industry’s compliance with Section 204A of the Adviser’s Act.
November 06, 2024
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Chancellor Kathaleen St. J. McCormick’s decision to enter a stay due to potential overlapping legal and factual issues in Eastern Wholesale Fence v. Hudson.
November 06, 2024
In this two-part legal update, Alex Cohen and Zach Weiss discuss key information SEC registrants should know heading into the upcoming review cycle.
November 04, 2024
Jerry Goldfeder contributed an article to the AmNew York Legal Special Section discussing the general election ballot, which includes races for Supreme Court judges in approximately 30 states.
October 31, 2024
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision which explains the process for setting the value, timing, and securitization of a bond in connection with a status quo order that restricted certain defendants from transferring shares of publicly traded stock.
October 22, 2024
Jerry Goldfeder contributed an article to Just Security discussing the need for Congress to enact standardized procedures to handle election interruptions in future emergencies.
October 11, 2024
Jerry Goldfeder contributed an article to the New York Law Journal discussing whether New York Governor Kathy Hochul has the authority to remove Mayor Eric Adams from office.
October 04, 2024
James Argionis contributed an Expert Analysis column to Law360 discussing how law firm summer associates can become effective communicators, impress their supervising attorneys, and increase their chances of receiving an offer from the firm after graduation.
August 23, 2024
In this article for Reuters/WestLaw Ketan Bhirud and Simeon Brier review where state AGs stand on DEI and analyze potential legal risks for businesses.
August 09, 2024
Jerry Goldfeder is a member and contributing author of the American Bar Association Task Force for American Democracy’s initial report.
August 06, 2024
Aaron Krauss, Brett Watson, and Josephine Bahn authored chapters of the American Bar Association’s latest book, Banking on It: The Ten Most Common Claims Involving Banks.
August 01, 2024
Jerry Goldfeder contributed an article to the New York Law Journal discussing several salient issues concerning the upcoming presidential election.
July 24, 2024
Jerry Goldfeder contributed an article to the New York Daily News discussing his role as a Democratic National Convention delegate.
July 03, 2024
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision dismissing fiduciary duty claims against directors and officers based on their alleged approval of a self-tender involving a controlling stockholder.
June 19, 2024
James Argionis contributed a practice note to LexisNexis discussing how associates can become effective communicators at their firms.
May 31, 2024
Jason Domark and Janet Rayo contributed an article to the Daily Business Review discussing how partial settlements can impact litigation in Florida.
May 22, 2024
Jerry Goldfeder contributed an article to the New York Law Journal discussing the so-called “trial of the century” of former President Trump.
May 21, 2024
Michael Fernández contributed an article to the Legal Journal of the Mexico Arbitration Center discussing the availability of anti-suit injunctions in aid of arbitration proceedings seated in Mexico and the United States.
May 09, 2024
Jerry Goldfeder contributed an article to the New York Law Journal discussing Judge Juan Merchan’s second order holding Donald Trump in contempt.
May 02, 2024
Jerry Goldfeder contributed an article to the New York Law Journal discussing bar associations and civic groups across the country who are working to preserve our constitutional democracy.
May 01, 2024
Mark E. Felger and Kaan Ekiner discuss Vice Chancellor Morgan T. Zurn’s motion to strike the defenses of unclean hands and in pari delicto in Pilot v. Greg Abel in the Delaware Business Court Insider.
April 26, 2024
Stephen Miller and Pamela Dorian contributed an article to The Legal Intelligencer discussing two cases, Moody v. NetChoice and NetChoice v. Paxton, before the U.S. Supreme Court that will impact the future of social media content.
April 11, 2024
Jerry Goldfeder contributed an article to the New York Law Journal discussing the salient issues during the trial of Donald Trump.
April 11, 2024
Brett Watson and Madeline Suchard contributed an Expert Analysis to Law360, discussing California Attorney General Rob Bonta’s warning to California banks and credit unions that surprise overdraft fees and returned deposit item fees may violate state and federal unfair competition and consumer protection laws.
April 01, 2024
Hugh Marbury and Molly Shaffer contributed an Expert Analysis to Law360, discussing the need for the Supreme Court to provide guidance on how Rule 68 of the Federal Rules of Civil Procedure impacts permissive fee-shifting.
March 15, 2024
Jerry Goldfeder contributed an article to the New York Law Journal discussing two significant voting rights developments in New York.
March 11, 2024
James Argionis contributed an Expert Analysis column to Law360 discussing the best practices for effectively conducting depositions.
March 06, 2024
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision considering jurisdictional challenges to non-resident managers in the context of contract and tort claims associated with an alleged dilution of equity interests in connection with a transfer of holdings to a Delaware LLC.
March 01, 2024
The Supreme Court "is currently considering its most consequential challenge to 'the administrative state' in decades," say Stephen Miller and Andrew Linz in an article in The Legal Intelligencer.
February 09, 2024
James Argionis contributed a practice note to LexisNexis discussing the best practices for taking successful depositions.
January 02, 2024
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that permits a stockholder of a publicly traded company to inspect the books and records of the public company’s nonpublic subsidiary to “more accurately” value the public corporation’s publicly traded shares.
December 29, 2023
Jerry Goldfeder contributed an article to the New York Law Journal discussing the court’s decision in Hoffmann v. New York State Independent Redistricting Commission.
December 20, 2023
Emma Lombard co-authored an expert analysis for Law360 discussing the Federal Trade Commission’s regulatory review of its Guides for the Use of Environmental Marketing Claims.
December 01, 2023
Michael Osborne contributed an article to the Concurrences No-Poach Agreements – Closing the Enforcement Gap publication, discussing wage-fixing and no-poach agreements, which are now prohibited and considered a criminal offense in Canada.
December 01, 2023
Joseph Dever and Matthew Elkin contributed an article to Law360 discussing the presence-of-counsel defense, which was raised and limited in scope in the criminal trial of FTX founder Sam Bankman-Fried.
November 28, 2023
Kerry Cooperman co-authored a report published by the New York Lawyers for the Public Interest (NYLPI) discussing the New York City Department of Education's failure to appropriately address the specific needs of school-age children with mental health disabilities.
November 20, 2023
Cindy Lee co-authored Chapter 8: “Investor-State Arbitration and the International Construction Sector” in the 2024 edition of Hospitality & Construction Disputes Post-Covid, which is volume 6 of International and Comparative Business Law and Public Policy.
November 03, 2023
Stephen Miller and Leigh Ann Benson contributed an article to The Legal Intelligencer discussing the U.S. Supreme Court’s agreement to review Acheson Hotels v. Laufer.
November 03, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision that demonstrates the court’s reluctance to vacate an arbitration award even where the arbitration proceeding and the resulting award might be flawed.
October 06, 2023
Michael Osborne contributed an article to The Globe and Mail discussing a new bill, C-56, which contains amendments to the Competition Act to make groceries affordable again.
September 29, 2023
Michael Osborne authored the chapter “The Long Arm of Canadian Price-Fixing Law? Canadian Jurisdiction Over Foreign Price-Fixing Conspiracies” in the Transnational and Cross-Border Criminal Law Canadian Perspectives, published by Irwin Law.
September 28, 2023
Michael Osborne contributed the article “Back to the Future: Modernizing Canada’s Monopolization Law” to the Canadian Competition Law Review.
September 14, 2023
Michael Fernández contributed an article to the New York Law Journal discussing the current framework for certification from the Departments of the Appellate Division to the Court of Appeals available under CPLR 5602.
September 11, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Vice Chancellor Sam Glasscock III’s decision In re Orbit/FR Shareholders Litigation.
September 07, 2023
Jerry Goldfeder contributed an article to the New York Law Journal addressing how the 2024 presidential election is already shaping up to be unlike any other in history.
September 01, 2023
Larry Prosen and Brian Doll discuss the changes that have come to the SBA 8(a) Business Development Program following a Federal ruling out of Tennessee.
August 11, 2023
James Argionis contributed a practice note to LexisNexis discussing the six best practices for maximizing success while navigating injunctive relief requests.
August 11, 2023
The ruling is a substantial win for Telephone Consumer Protection Act (TCPA) defendants after plaintiff argued text messages qualify as “an artificial or prerecorded voice.”
July 24, 2023
Joseph Dever, chair of the firm’s Securities Litigation and SEC Enforcement Group, co-authored Chapter 16: “SEC Market Manipulation Investigations” in the 2023 edition of SEC Compliance and Enforcement Answer Book, published by the Practising Law Institute and edited by Cravath, Swaine & Moore LLP.
July 06, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss Chancellor Kathleen St. Jude McCormick’s decision in The Police and Fire Retirement System of the City of Detroit v. Elon Musk.
June 23, 2023
Benjamin Wilkoff and Gabriella Scott contributed the article “The Return of Joint and Several Liability: Minimally Negligent Defendants May Be Held Liable for Entire Award in Pennsylvania “ to Reuters.
June 23, 2023
Jerry Goldfeder contributed an article to the New York Law Journal discussing the U.S. Supreme Court’s decision in Allen v. Milligan, which affirmed an Alabama district court’s ruling that the state’s congressional lines were an impermissible racial gerrymander.
June 22, 2023
Michael Osborne and Samuel Bogetti contributed the Canada chapter to the Chambers Cartels 2023 Guide.
June 20, 2023
The Supreme Court confirmed that the Government may intervene and move to dismiss a False Claims Act lawsuit at any time during the life of the case.
June 09, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss West v. Access Control Related Enterprises, which addressed several issues that arise in cases involving forum selection disputes.
June 08, 2023
It appears as if the first cracks are developing in the commercial real estate market, and the consequences could be shattering.
June 05, 2023
The Court has concluded that in order to bring and prove a FCA case, the government or relators must prove that the defendants knowingly committed (or intended to commit) fraud against the government.
May 19, 2023
The new amendments shorten the statute of limitations for general negligence claims and the statute of repose for construction claims.
May 10, 2023
Can a TCPA plaintiff revoke consent to be contacted by “talking” to a pre-recorded message? Probably not.
April 19, 2023
Jerry Goldfeder contributed an article to Just Security, discussing Dianne Feinstein’s month-long absence from Washington, D.C.
April 11, 2023
Jerry Goldfeder contributed an article to the New York Law Journal discussing Donald Trump’s indictment, which alleges he falsified business records with the intent to conceal campaign finance violations during his presidential campaign.
April 10, 2023
Congress granted the DoD new authority to modify existing fixed-price contracts to compensate defense contractors for increased costs arising from inflation.
April 05, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing the use and appropriate parameters for a Rule 30(b)(6) deposition as a discovery tool in connection with Delaware books and records actions under Section 220.
February 27, 2023
Jerry Goldfeder contributed an article to the New York Law Journal discussing the political impact of Senator John Fetterman’s hospitalization for depression.
February 27, 2023
Michael Osborne contributed an article to Lloyd’s List Intelligence Competition Law Insight, discussing the potential change for a more balanced, less plaintiff-friendly approach to the certification process for price-fixing class actions.
February 17, 2023
Wage-fixing and no-poach agreements will be illegal and subject to criminal penalties in Canada as of June 23, 2023.
February 07, 2023
Stephen Miller and Pamela Dorian published an article in The Legal Intelligencer discussing the U.S. Supreme Court’s consideration of the issue of gerrymandering in Merrill v. Milligan.
February 06, 2023
Max Kaplan discusses the Supreme Court of Illinois's decision in Tims v. Black Horse Carriers, Inc., ruling that BIPA is subject to the five-year, catch-all statute of limitations.
February 02, 2023
Kaan Ekiner and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent Delaware Court of Chancery decision addressing several issues that often arise in motion practice at the pleading stage of cases involving allegations of M&A fraud based on near-term financial projections.
January 24, 2023
The California Court of Appeal recently issued a troubling decision regarding the evidentiary value of electronic signatures.
January 23, 2023
New policies and changes to Investment Canada Act to block Chinese control of critical minerals supply chains.
January 23, 2023
Foreign investors in Canadian businesses are set to face tougher national security review provisions under the Investment Canada Act.
January 23, 2023
Jerry Goldfeder contributed an article to the New York Law Journal discussing the New York State Senate declining to vote on Justice Hector LaSalle’s nomination as Chief Judge of the Court of Appeals.
January 20, 2023
Molly Kremer and Sarah Schlossberg contributed an article to the February issue of ALI CLE’s The Practical Lawyer, discussing the negative outlook and struggles some attorneys have with billing.
January 17, 2023
The Commissioner’s appeal is scheduled to be heard on January 24, 2023. Read our prediction on the outcome of this appeal.
January 17, 2023
The Commissioner of Competition had applied for a full block of the Rogers-Shaw-Videotron deal. The Tribunal rejected every allegation made by the Commissioner.
January 10, 2023
Jerry Goldfeder contributed an article to the New York Daily News discussing Rep. Ritchie Torres’s effort to introduce legislation requiring congressional candidates to file sworn affidavits attesting to their qualifications and background.
January 09, 2023
Michael Fernández contributed an article to the American Review of International Arbitration discussing how Brazilian courts assist parties to arbitration proceedings by issuing provisional measures.
January 06, 2023
Stephen Miller and Pamela Dorian published an article in The Legal Intelligencer discussing The Supreme Court’s consideration of the Independent State Legislator theory in Moore v. Harper.
December 29, 2022
Brett Watson discusses recent district court decisions discussing Avatar technology as pre-recorded messages under TCPA.
December 28, 2022
Jerry Goldfeder contributed an article to the New York Law Journal discussing George Santos's status in Congress and Lester Chang’s status in the New York State Assembly.
November 23, 2022
Jason Domark and Janet Rayo co-authored “Estate Planning Gone Afoul – What Is Needed to Raise the Presumption of Undue Influence?” for the Daily Business Review.
November 18, 2022
Jerry Goldfeder contributed an article to the New York Daily News discussing the history of government officials embracing defeat in elections.
November 14, 2022
Michael Osborne contributed an article to The Financial Post discussing the Commissioner of Competition’s challenge to the Rogers Shaw acquisition.
November 10, 2022
Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss the requirements of equitable fraud as a basis for jurisdiction in the Court of Chancery in Delaware.
November 02, 2022
Stephen Miller and Chase Howard published an article in The Legal Intelligencer discussing Ciminelli v. United States.
October 27, 2022
Jerry Goldfeder contributed an article to the New York Law Journal discussing the rising number of members in the legal profession who are concerned with the fragility of the rule of law and the norms that sustain it.
October 14, 2022
Josephine Bahn wrote the article “Formal Ethics Opinion Outlines Client Language Access Duties” for the American Bar Association Litigation Section’s website.
October 13, 2022
Barry Klayman and Mark Felger (Wilmington), writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court upholding the garnishment of a beneficiary’s interest in distributions from a Delaware Statutory Trust.
October 06, 2022
In Yelardy v. Miller & Milone, the plaintiff asserted an FDCPA claim against a law firm in connection with a single letter received from the firm.
September 29, 2022
The application of Spokeo principles is more commonplace across consumer protection actions, sparking a trend of plaintiffs pursuing more state court actions.
September 29, 2022
Benjamin Wilkoff and Daniel Brobst published the article “How a Downturn Could Impact Civil Jury Awards” in Bloomberg Law.
September 15, 2022
On Sept. 8, Florida lawmakers filed a petition with USTR seeking relief for an alleged Mexican export targeting scheme.
September 13, 2022
Jerry Goldfeder contributed an article to the New York Law Journal discussing the need to reform the electoral system so that elected officials are more representative of the districts they serve.
September 13, 2022
Michael Fernández contributed an article to the Kluwer Arbitration Blog discussing three evidentiary issues that have significant discrepancies in the common law and civil law systems.
September 10, 2022
Jerry Goldfeder contributed an article to the New York Daily News discussing the critical takeaways for voting rights advocates from New York’s Congressional primaries.
September 01, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by a judge in the Bankruptcy Court for the District of Delaware holding that Section 546 of the Bankruptcy Code preempts Delaware’s three-year statute of repose on the liability of a member for distributions from a limited liability company.
August 10, 2022
Ralf Rodriguez and Alexander Thompson published, “Lessons Learned From Deadly Condo Collapse: Reshaping Industry to Prevent Future Tragedy” for The Legal Intelligencer.
August 10, 2022
Jacqueline Green authored an article in Law 360 in which she discusses the recently introduced Cannabis Administration and Opportunity Act.
August 05, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Court of Chancery holding that the court lacks subject matter jurisdiction to award damages for an improvidently granted injunction in the absence of a bond or other security.
July 21, 2022
U.S. District Court grants summary judgment in favor of Wells Fargo; it did not owe its customer any contractual duty to discover a fake/forged check.
July 18, 2022
Sarah Schlossberg contributed an article to the August Issue of ALI CLE’s The Practical Lawyer, discussing how to navigate conversations about our country’s constantly evolving constitutional law landscape.
June 23, 2022
Jerry Goldfeder contributed an article to the New York Law Journal discussing the Appellate Division, First Department’s decision that New York State’s Assembly districts are unconstitutional.
June 15, 2022
The Eastern District of NY weighed in on what should happen when a defendant attempts to remove a consumer protection matter to federal court.
June 06, 2022
Michael Fernández contributed an article to the Kluwer Arbitration Blog discussing the need for greater uniformity in evidentiary and interpretive rules in international arbitrations.
June 01, 2022
Barry Klayman & Mark Felger (Wilmington), writing in the Delaware Business Court Insider, review a recent decision by the Court of Chancery in Delaware holding that where two halves of a deadlocked board are competing in a proxy contest, neither side could benefit from the company’s resources, including its privilege, to the exclusion of the other.
May 24, 2022
Kathy Jaffari and Sarah Schlossberg contributed an article to the June issue of ALI CLE’s The Practical Lawyer, discussing the increased need for boards to take the lead on implementing equitable work policies that ensure diversity, equity, and inclusion (DEI) measures are being integrated and addressed within their organizations.
May 11, 2022
Jerry Goldfeder contributed an article to the New York Law Journal discussing the New York State Court of Appeals’ decision to invalidate congressional and state senate lines this year in the New York redistricting litigation.
April 21, 2022
Jerry Goldfeder contributed an article to the New York Law Journal discussing the need for a streamlined system for how our ballot access rules should work.
April 15, 2022
Leigh Ann Benson and Stephen Miller contributed an article to The Legal Intelligencer discussing how in Ruan v. United States, the U.S. Supreme Court will decide whether a jury should consider a doctor’s subjective intent when assessing a potential violation of the Controlled Substances Act.
March 31, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision in the Superior Court of Delaware that addresses whether a third party may bring a direct action against an insurer for coverage on a theory of subrogation when equitable subrogation does not apply and the right cannot be traced to a statute or contract.
March 22, 2022
Sarah Schlossberg contributed an article to the April issue of ALI CLE’s The Practical Lawyer, discussing strategies to help yourself stay on task, become more productive, and feel better for those with ADHD or executive functioning challenges.
March 09, 2022
Jason Domark, Aaron Krauss and Ashley Gomez-Rodon authored chapters of the American Bar Association’s (ABA) latest book.
March 07, 2022
Josephine M. Bahn was a guest on the American Bar Association’s Litigation Radio podcast episode, Law Firms In “The Great Resignation,” How The Game Changed.
March 02, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery refusing to appoint a custodian pursuant to Delaware General Corporation Law Section 226(a)(3) to continue the business of a defunct corporation.
February 25, 2022
Jerry Goldfeder contributed an article to the New York Law Journal discussing the problems with the procedures to elect the president of the United States.
February 04, 2022
Jerry Goldfeder contributed an article to the New York Law Journal analyzing Unthinkable, a memoir written by Congressman Jamie Raskin.
February 02, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision in the Delaware Court of Chancery reaffirming the continuing validity of the common law insolvency exception for the sale of all or substantially all of the assets of an insolvent or failing corporation without the requirement for stockholder approval.
January 25, 2022
David Reichenberg and Sarah Schlossberg contributed an article to the February issue of ALI CLE’s The Practical Lawyer discussing how universal calls for equity have accelerated over the past two years thanks to the pandemic.
January 13, 2022
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Supreme Court directing the Court of Chancery to substitute a Chapter 7 trustee for the nominal defendant and realign it as plaintiff in a shareholder action that had been dismissed for failure to make a demand on the company’s board of directors, where the case was pending on appeal when the bankruptcy case was filed.
January 07, 2022
Emma Lombard co-authored an article for Bloomberg Law discussing how vaccine records on mobile phones and digital apps can be easily compromised.
December 30, 2021
Jerry Goldfeder contributed an article to the New York Law Journal discussing two ways to restructure the New York City government to be less dependent on Albany and more productive in New York City.
December 17, 2021
Jerry Goldfeder contributed an article to the New York Law Journal discussing candidates the Board of Elections disqualified because of errors on their cover sheets.
December 09, 2021
Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Vice Chancellor Glasscock of the Delaware Court of Chancery reviewing the evolution of the vested rights doctrine in Delaware and synthesizing from prior case law a simplified test for its application.
December 08, 2021
Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules
November 10, 2021
Sarah Schlossberg contributed an article to the December issue of ALI CLE’s The Practical Lawyer, discussing the pandemic's impact on the volume of email traffic.
November 03, 2021
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by Judge Paul R. Wallace of the Delaware Superior Court holding that the Delaware courts are the proper forum for resolving issues raised by a subpoena issued pursuant to foreign letters rogatory, including the propriety and scope of the subpoena and whether the expenses of complying should be shifted from the non-party target to the requesting party.
October 21, 2021
Jerry Goldfeder contributed an article to the New York Law Journal discussing the significant role lawyers have in preserving our constitutional democracy.
October 07, 2021
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery dismissing a claim that defendants violated their Caremark duties because plaintiff failed to adequately plead demand futility.
September 14, 2021
Sarah Schlossberg contributed an article to the October issue of ALI CLE’s The Practical Lawyer, discussing tips to ease the anxiety and pain of performance reviews.
September 02, 2021
Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, review a recent decision by Vice Chancellor Slights of the Court of Chancery of Delaware holding that section 3104(d)(4) of the Delaware Long Arm Statute provides standalone authority for alternative means for service of process, and approving international service of a summons and complaint by email and posting at the defendants’ residences.
August 10, 2021
Sarah Schlossberg contributed an article to the August issue of ALI CLE’s The Practical Lawyer, discussing reentry into the workplace following an unprecedented global crisis.
July 01, 2021
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from Chief Judge Sontchi of the Bankruptcy Court for the District of Delaware holding that the law of the jurisdiction in which a trust is organized governs whether it is a “business trust” that can be an eligible debtor under the Bankruptcy Code.
June 29, 2021
Tom Casparian discusses the California Court of Appeals decision that the CCC and HCD have overlapping jurisdiction when it comes to mobile home construction and replacement in the coastal zone.
June 24, 2021
Jerry Goldfeder contributed an article to the New York Law Journal discussing a City Charter amendment that disqualifies certain felons from running or holding office in New York City.
June 07, 2021
Heather Marx and Kristi Zentner published an article in Industry Today discussing the impact of the COVID-19 pandemic on the global supply chain.
June 03, 2021
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Supreme Court of Delaware affirming that the Bankruptcy Code does not preempt the Delaware Limited Liability Company Act to the extent that it divests members of an LLC who file for bankruptcy of the right to participate in the management of the company, but not their economic interest.
June 02, 2021
Jerry Goldfeder contributed an article to the New York Daily News discussing the ranked-choice voting process.
May 27, 2021
Brett Watson and Karl Riley wrote an Expert Analysis for Law360, discussing how the U.S. Supreme Court's 2016 decision in Spokeo Inc. v. Robins single-handedly raised the bar for a plaintiff alleging a violation of a consumer protection statute, including the Fair Debt Collection Practices Act.
May 20, 2021
Sarah Schlossberg contributed an article to the June issue of ALI CLE’s The Practical Lawyer, discussing how microaggressions and implicit biases impact female and diverse attorneys.
May 14, 2021
Jerry Goldfeder contributed an article to the New York Daily News discussing business leaders' responses to restrictive voting laws nationwide.
May 05, 2021
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, review a recent decision from the Bankruptcy Court for the District of Delaware discussing what is a consumer deposit for purposes of priority treatment under section 507(a)(7) of the Bankruptcy Code and holding that prepayments to a flight service company for future airplane flights were deposits within the meaning of the statute.
April 29, 2021
Stephen Miller and Jonathan Ciriello contributed an article to The Legal Intelligencer discussing how change is coming to the NCAA’s amateurism model.
April 22, 2021
Jerry Goldfeder contributed an article to the New York Law Journal discussing how New York is tackling voting rights.
April 06, 2021
Jason Domark co-authored an article for the Daily Business Review discussing how co-trustees and their counsel must coordinate their efforts to ensure an effective and efficient representation.
March 31, 2021
Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Superior Court of Delaware holding that partial motions to dismiss toll the period for answering the entire complaint under Delaware’s Note Action Statute moving for partial dismissal before answering is not a procedural error necessitating a default or other repercussions.
March 23, 2021
Sarah Schlossberg contributed an article to the April issue of ALI CLE’s The Practical Lawyer, discussing the challenges in the workplace and profession resulting from the rise of millennials.
March 18, 2021
Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association's (ISBA) Labor and Employment Law Newsletter discussing a recent bill introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants, particularly those entered into after the effective date of the bill's adoption into law — including barring some altogether.
March 03, 2021
Stephen Miller and Rohan Mohanty contributed an article to The Legal Intelligencer discussing the U.S. Supreme Court case of Fulton v. City of Philadelphia.
March 03, 2021
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery of Delaware that discusses the doctrine of unclean hands and explains how it serves as the guardian of equity and a vehicle for protection of the reputation of the court itself.
February 25, 2021
Jerry Goldfeder contributed an article to the New York Law Journal discussing several bills in Congress that would make voting more accessible.
February 17, 2021
Joseph Hill, Michael Henlon, and Brianna Westbrooks discuss legislation introduced in Philadelphia City Council that would significantly expand required paid sick leave for individuals at companies with more than 50 employees.
February 08, 2021
Jerry Goldfeder contributed an article to the New York Daily News discussing a New York start-up group urging Republications to become Democrats to nominate a candidate in June’s Democratic primary for mayor.
February 03, 2021
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Delaware Superior Court that serves as a primer on the affiliate privilege doctrine.
February 01, 2021
Sarah Schlossberg contributed an article to the February issue of ALI CLE’s The Practical Lawyer, discussing Cozen O’Connor Women’s Initiative 19th Amendment Series.
January 25, 2021
Joe Dever, Seth Popick, and Lindsey Stillwell contributed an article to Temple's Business Law Magazine discussing the SEC's decision to provide much-needed clarity to the regulatory status of so-called "finders" who assist small businesses in raising capital.
January 19, 2021
Christopher Hennessy and Jeremy Glenn contributed an article to Law360 discussing how on January 8th, a bill was introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants entered into after the effective date of its adoption into law, including barring some altogether.
January 14, 2021
Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision from the Court of Chancery in Delaware that serves as a primer on increasingly common defenses to stockholder books and records inspection demands and a cautionary tale for defendants in Section 220 proceedings who opt to pursue overly aggressive defense strategies that seek to place obstacles to the use of Section 220 as a quick and easy pre-filing discovery tool.
January 07, 2021
Stephen Miller and Leigh Ann Benson contributed an article to The Legal Intelligencer discussing how earlier this year, only two states still permitted nonunanimous jury convictions—Louisiana and Oregon.
December 09, 2020
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that first-party claims are covered by a standard indemnity provision in a limited liability company agreement absent an express intent to the contrary, rejecting application of the presumption in a line of cases involving bilateral commercial contracts against fee-shifting with respect to claims between the contracting parties absent a clear statement allowing it.
December 03, 2020
Thomas Wilkinson and Douglas Fox contributed an article to Law360 discussing how to identify and what to do when conflicts arise out of a lawyer's "personal relationship" with opposing counsel.
November 30, 2020
Sarah Schlossberg contributed an article to the December issue of ALI CLE’s The Practical Lawyer, discussing areas of inequality within the legal profession today.
November 26, 2020
Jerry Goldfeder contributed an article to the New York Daily News discussing whether former President Trump will concede that he lost in the 2020 Presidential Election.
November 26, 2020
Michael Fernández contributed an article to the Kluwer Arbitration Blog discussing the challenges created by the personal jurisdiction requirements under U.S. law in the enforcement of foreign arbitral awards.
November 23, 2020
Brett Watson contributed an article to Law360 discussing the enactment of the Debt Collection Licensing Act and the impact this will have on collectors.
November 04, 2020
Thomas Wilkinson and Douglas Fox contributed an article to the PBA Federal Practice newsletter discussing lawyer’s ethical responsibilities when the their client appears to be engaging in a fraudulent scheme or criminal behavior and seeks advice in furthering that conduct.
November 04, 2020
Stephen Miller and Chase Howard contributed an article to The Legal Intelligencer explaining how in October, the court heard oral argument in Google v. Oracle America, a case that is being closely watched by the software industry.
November 04, 2020
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Court of Chancery in Delaware holding that a waiver of partition rights by co-tenants of real property was unenforceable because it was unlimited in duration.
November 02, 2020
Brett D. Watson discusses the DCLA, one of several new consumer protection bills recently enacted in California, including the state’s “mini-CFPB,” otherwise known as the California Consumer Financial Protection Law.
October 26, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing the latest legal issues concerning mail-in ballots in the presidential election.
October 22, 2020
Jerry Goldfeder contributed an article to the Los Angeles Times discussing his experience supporting presidential candidates.
October 07, 2020
Barry Klayman and Mark Felger writing in the Delaware Business Court Insider, discuss a recent decision by the Superior Court of Delaware holding that an anti-assignment clause prohibiting an assignment “by operation of law” without the other party’s consent applied to a subsequent merger in which the contracting party was not the surviving entity.
October 05, 2020
Jerry Goldfeder contributed an article to the Albany Times Union discussing President Trump’s refusal to agree to a peaceful transition of power if he loses the 2020 election.
September 28, 2020
Brett Watson and Michael Kraft published an article to Law360 highlighting certain key provisions of the CCFPL and discussing what the CCFPL might mean for practitioners, the pros and cons of the new legislation, the challenges presented by the CCFPL, and how financial services providers should prepare themselves for anticipated aggressive enforcement procedures.
September 18, 2020
Heather Marx published an article to Law360 discussing the different effects that trade policies and the COVID-19 pandemic have had on the fashion industry.
September 02, 2020
Barry Klayman and Mark Felger contributed an article to the Delaware Business Court Insider.
September 01, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing the ongoing battle to protect your right to vote.
August 14, 2020
Mayura Noordyke contributed an article to Agility PR Solutions discussing how putting in the work to build long-term relationships with influencers is the best way for brands to reap stable and continuing benefits.
August 11, 2020
Jerry Goldfeder contributed an article to the Daily Eagle discussing President Trump’s diversions to disrupt the 2020 presidential election.
August 07, 2020
Michael de Leeuw and Tamar Wise contributed an article to the ACC New York City Chapter newsletter discussing issues associated with personal jurisdiction and the Internet.
August 06, 2020
Thomas Casparian provided an update for the Manufactured Housing Educational Trust —Mobile Home E-Series, to answer some questions MHET has posed that are plaguing community management, and help explain the web of emergency rules and restrictions.
August 05, 2020
Barry Klayman and Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery holding that, unlike the rule in merger cases, the privilege for communications regarding an asset purchase agreement and associated negotiations does not pass to the purchaser by default operation of law, but remains with the seller unless the buyer contracts for something different.
August 03, 2020
Simeon Brier and Matthew Criscuolo contributed an article to the ABA discussing how adjacent construction claims are teeming with complex, data-driven issues where technology can provide tools to aid in the investigation, management and resolution of such claims.
July 31, 2020
Jerry Goldfeder contributed an article to USA Today discussing Maceo Snipes’s death and the impact he had on voting rights.
July 01, 2020
Barry Klayman & Mark Felger, writing in the Delaware Business Court Insider, discuss a recent decision by the Delaware Court of Chancery interpreting the state’s borrowing statute, which provides that a suit to enforce a cause of action arising outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.
July 01, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing the need to develop contingency plans for voting during natural disasters or health crises.
June 30, 2020
Brett D. Watson discusses the California Court of Appeal's decision in Kurtz-Ahlers v. Bank of America.
June 29, 2020
Jerry Goldfeder contributed an article to the New York Daily News discussing Governor Cuomo’s executive order permitting all New Yorkers to vote by mail in the primary elections.
June 25, 2020
Brett D. Watson discusses why small businesses could experience an uptick in embezzlement post-COVID-19, how to prevent it, and how banks can insulate themselves from liability.
June 24, 2020
Michael de Leeuw and Tamar Wise contributed an article to The National Law Journal discussing the constitutional limits on infringements on religious gatherings.
June 17, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing Governor Andrew Cuomo’s executive orders to postpone the presidential primary and streamline the voting process during the pandemic.
June 17, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing William Josephson’s recent essay criticizing the current New York State Senate bill that would bind presidential electors to cast their votes for the winner of the popular vote.
June 12, 2020
Karl Neumann wrote a guest piece for the Drug & Device Law Blog discussing Ramkelewan v. Globus Medical Inc. No. 5:18-cv-100, 2019 U.S. Dist. LEXIS 229357 (M.D. Fla. Dec. 10, 2019).
June 10, 2020
Barry Klayman and Mark Felger published an article in the Delaware Business Court Insider.
June 08, 2020
Alycen Moss and Danielle Le Jeune contributed an article to the 2020 GDLA Law Journal discussing the importance of the attorney-client privilege.
June 01, 2020
Erica Pulford contributed an article to the Rutgers University Law Review discussing whether or not states can close their borders to, or impose mandatory quarantine on travelers from
states or cities that have a high community spread of COVID-19.
May 27, 2020
John Johnson contributed an article to Law360 discussing five ways to revisit your risk management strategies to avoid unnecessary exposure and reduce claims against your firm.
May 26, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing a U.S. constitutional provision that refers to state legislature’s authority to decide who picks presidential electors.
May 21, 2020
Thomas O'Rourke and William Lesser published an article to Bloomberg Law discussing how people reaching out to businesses in other states through various technology platforms to conduct business has implications for personal jurisdiction and the accompanying minimum contacts analysis.
May 20, 2020
Tia Ghattas, Josh Greenbaum and Kendall Hayden contributed an article to Law360 outlining how some states have approached weight requirements and permit requirements, and what trucking companies should do to adhere.
May 11, 2020
Jonathan Grossman, Mark Jacobson and Max Kaplan published an article to Corporate Compliance Insights discussing how employers, staffers, and recruiters should be cautious of antitrust enforcement during COVID-19.
May 08, 2020
Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.
May 08, 2020
Adam Schlatner and Matthew Elkin discuss the various state statutes and other issues facing sports teams, third-party ticket sellers, and other businesses that sell season passes and advance tickets.
May 07, 2020
Jeffrey Greenspan contributed an article to the Chicago Daily Law Bulletin discussing a few legal doctrines that may come into play when analyzing a business’s duty to perform under a contract.
May 06, 2020
Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider discussing a recent decision of the Delaware Supreme Court holding that for tort claims, such as legal malpractice actions, the wrongful act occurs at the time of injury.
May 06, 2020
Tia Ghattas, Josh Greenbaum and Kendall Hayden contributed an article to Law360 discussing the guidance on compliance with drug and alcohol testing requirements during COVID-19.
April 28, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing whether President Trump can delay the 2020 Presidential Election.
April 23, 2020
Michael de Leeuw, Adam Schlatner, and Amy Alderfer discuss things to consider before taking your first remote deposition.
April 23, 2020
Abby L. Sacunas and Nicole H. Sprinzen discuss possible language for new and future contracts to avoid contract disputes that arise out of COVID-19 and future pandemics.
April 21, 2020
Elisabeth Ross and Christopher Hennessy published an article to Law360 discussing how due to COVID-19 courts, judges and attorneys may have to adapt further or even change the rules of litigation to bring greater flexibility to the way cases are handled.
April 20, 2020
Brianne Polito contributed an article to Agility PR Solutions encouraging businesses to review their social media advertising strategies and compliance programs to ensure that they are updated, specifically tailored to the business, and that their marketing teams as well as influencers understand what is required under the FTC regulations.
April 13, 2020
Denise Bense and Karl Neumann published an article to Law360 discussing the FDA's guidance policy for face masks and respirators during the coronavirus pandemic.
April 10, 2020
Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing teleworking and what this might mean for Illinois businesses in terms of expense reimbursement.
April 02, 2020
Jason Domark published an article to South Florida Business and Wealth discussing how there is a lot to know and understand as a new trustee and gives four considerations to help along the way.
April 01, 2020
Barry Klayman and Mark Felger discuss a recent decision of the U.S. Bankruptcy Court for the District of Delaware refusing to grant a motion to stay the bankruptcy proceedings pending an appeal to the district court.
March 30, 2020
Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing the different programs the state of Illinois has announced to help businesses navigate through the COVID-19 pandemic.
March 18, 2020
Michael D. Rafalko discusses factors to consider when canceling a contract due to force majeure.
March 17, 2020
Jim Argionis discusses recent executive orders impacting Illinois's citizens and businesses.
March 10, 2020
Karl Neumann contributed an article to Law360 discussing the procuring cause doctrine.
March 10, 2020
Jerry Goldfeder contributed an article to the New York Law Journal discussing a devastating tornado in Tennessee that sent election regulators scrambling as to how to conduct the state’s voting.
March 04, 2020
Barry Klayman and Mark Felger authored an article in the Delaware Business Court Insider, discussing a recent decision of the Delaware Court of Chancery reaffirming the fiduciary exception to the attorney-client privilege in the face of a challenge based on an amendment to the Decedents’ Estates and Fiduciary Relations law.