Patent Law Intersections With Antitrust
In his Intellectual Property Litigation column, Lewis R. Clayton of Paul, Weiss, Rifkind, Wharton & Garrison writes: Antitrust is hostile to restraints of trade, while patent law creates them. The...
View ArticleRealty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, reviews "SPRE Realty, Ltd. v. Dienst, " which provided a test for determining whether a...
View ArticleOwner's Claims For Consequential Damages
In his Construction Law column, Kenneth M. Block discusses the nature of consequential damages in construction contracts and the implications of waving them.
View ArticleJudicial Battles Over Criminal Subpoenas for Online Data
Ben Barnett and Rebecca Kahan Waldman of Dechert write: Federal courts continue to struggle?and sharply disagree?over the scope of Fourth Amendment protections for ESI. One especially contentious issue...
View ArticleSecond Circuit Expected to Address Key Issue for Distressed Bondholders
In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski of O'Melveny & Myers write: Distressed bondholders should pay careful attention to a decision expected this fall from the...
View ArticleMarketplace
The Neiman Marcus Group Inc. has signed a lease for 250,000 square feet for the creation of a three-level Neiman Marcus anchor store at The Shops of Hudson Yards, a 1-million-square-foot retail center...
View ArticleNew York and Texas: New Non-Compete 'Partners'
In his Employment Issues column, Philip M. Berkowitz writes that most courts disfavor enforcement of non-competes, but in recent years, New York courts have provided avenues for enforcing such...
View ArticleNew Deals
Norwegian Cruise Line Holdings has agreed to purchase privately held Prestige Cruises International for $3.03 billion. Also, Amazon.com has announced that it would acquire video game streaming company...
View ArticleProposed Identification of 'Beneficial Owners'
In her International Banking column, Kathleen A. Scott discusses proposed regulations from FinCEN, the U.S. agency tasked with issuing anti-money laundering regulations, that would require that a...
View ArticleLegal Challenges to Obama Administration's Clean Power Plan
In his Environmental Law column, Michael B. Gerrard reviews the three major theories that are being advanced by industries and states opposing the Clean Power Plan, which would use an existing section...
View ArticleFirst Department Supports Dismissing Parking Tickets
Dennis Boshnack discusses the recent decision in 'Nestle', which required strict compliance with the Vehicle and Traffic Law provision that "the plate type as shown by the registration plates" of the...
View ArticleSentence Reduced to Remedy Injustice
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan review recent holdings in which Judge John Gleeson applauded the government for agreeing to a sentence reduction in an old case...
View ArticleSales Tax Refund Cases Show no Sympathy for Sellers
In his Tax Appeals Tribunal column, Joseph Lipari writes: Who is liable for tax is often irrelevant to buyers and sellers—until they want a refund. Two recent Division of Tax Appeals administrative law...
View ArticleLet Them Plead in the Alternative
Joshua S. Bauchner writes: The right to plead claims in the alternative is well established in New York state practice and jurisprudence. Yet, courts often seek to "streamline" cases at the very...
View ArticleApplying the Proper Valuation for a Company's Industry
Adam C. Rogoff, P. Bradley O'Neill and Anupama Yerramalli of Kramer Levin Naftalis & Frankel discuss the importance of applying the optimal valuation methodology for the debtor's industry, whether...
View ArticleLitigating Make-Whole Premiums in Bankruptcy
My Chi To, Richard F. Hahn and M. Natasha Labovitz of Debevoise & Plimpton discuss the decision in 'Momentive', which provides a framework for analyzing how and when prepayment premiums will be...
View ArticlePuerto Rico's New Bankruptcy Law: A Quick Fix?
Malani J. Cademartori and Blanka Wolfe of Sheppard, Mullin, Richter & Hampton write: It is uncertain whether the Puerto Rico Corporations Debt Enforcement & Recovery Act will survive...
View ArticleProtecting the Rights of IP Licensors, Licensees in Bankruptcy
L. P. Harrison III and Eric Stenshoel of Curtis, Mallet-Prevost, Colt & Mosle discuss the Eighth Circuit's reversal of its own decision in the Chapter 11 bankruptcy case of 'Interstate Bakeries'.
View ArticleWhen Experts Contradict Their Own Party's Testimony
In his Complex Litigation column, Michael Hoenig focuses on a seemingly "exquisite" question in the law and lore of expert admissibility battles, namely, what happens when a party's factual testimony...
View ArticleRole of Judges in Authenticating Art in U.S. and Europe
Steven R. Schindler and Katherine Wilson-Milne write: When the authenticity of a work of art is at issue, judges must make authenticity determinations based on the facts and opinions of experts...
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