Searching Content indexed under Litigation, Mediation & Arbitration by Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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Avoiding Board Observer Liability Under Section 11 Of The Securities Act Of 1933
Lenders and other constituencies will under certain circumstances request and be granted "board observer" rights pursuant to a loan agreement or other contract.
United States
19 Sep 2019
The First PNF/AFA Common Guidelines
A welcome clarification regarding the expected behavior of companies and administrations under French criminal settlement procedures.
23 Aug 2019
Significant Amendments To NYS Anti-Discrimination And Anti-Harassment Laws Go Into Effect
As the New York State Legislature neared the end of the 2019 session in June, it passed several bills amending the state's laws prohibiting discrimination and harassment. We addressed the major provisions of these new bills in our previous alert.
United States
20 Aug 2019
Does Lanham Act Require Willful Infringement For Profit Disgorgement?
Litigation partner and Advertising Litigation Co-chair Norman C. Simon, with associate Patrick J. Campbell, authored a New York Law Journal...
United States
14 Aug 2019
Delaware Court Of Chancery Upholds A Seller's Use Of Contractual Provisions To Maintain Attorney-Client Privilege Over Premerger Communications
In a recent decision, the Delaware Court of Chancery ruled that the seller in a merger could enforce a provision in the merger agreement protecting its privilege over premerger emails with its counsel.
United States
6 Aug 2019
Delaware Supreme Court Allows Caremark Breach Of Loyalty Claim To Go Forward
On June 18, in Marchand v. Barnhill, the Delaware Supreme Court reversed a ruling by the Delaware Court of Chancery in a shareholder derivative suit alleging a breach of the duty of loyalty.
United States
29 Jul 2019
The Southern District Of New York Holds That New York's Prohibition Of Pre-Dispute Mandatory Arbitration Of Sexual Harassment Claims Is Preempted By The FAA
In April 2018, as part of a major reform to combat sexual harassment in the workplace, New York enacted a law rendering pre-dispute agreements to arbitrate sexual harassment claims null and
United States
17 Jul 2019
Civil Jury Trials In Federal Court
There may be nothing more exciting in the practice of law than presenting a trial-ready case to a jury.
United States
17 Jun 2019
The Supreme Court Broadens Liability For False Statements Under Rule 10b-5 To "Disseminators"
The decision will likely have a more significant impact in private civil actions rather than in enforcement cases brought by the SEC.
United States
15 Apr 2019
Litigation Financing Agreements Affirmed By NY Appellate Court
The New York Appellate Division of the Supreme Court, First Department recently confirmed the legality of properly structured litigation financing agreements. In Cash4Cases,
United States
11 Apr 2019
Supreme Court To Resolve Recent Circuit Split Over Whether Section 14(e) Of The Exchange Act Requires Proof Of Scienter
On Jan. 4, 2019, the Supreme Court granted certiorari in Emulex Corporation, et al., v. Varjabedian, a case teeing up the question ...
United States
18 Jan 2019
Handling Internet Of Things Data In Litigation
As the reach of the Internet of Things (IoT) expands, counsel must learn to harness the increasing explosion of data to effectively extract relevant information in litigation while balancing
United States
17 Jan 2019
Le rendez-vous manqué entre la CJUE et le compte de paiement
Paris counsel Pierre Storrer authored an article titled "Missed Opportunity Between the ECJ and the Payment Account" ...
16 Jan 2019
Delaware Court Strikes Down Federal Forum Selection Provisions In Certificates Of Incorporation
Allows Plaintiffs to Bring Claims Under the Securities Act of 1933 in Either State or Federal Court
United States
8 Jan 2019
Pour la Cour de cassation, il n'y a pas de distorsion minime
Au cours de ces dernières années, le contentieux lié aux clauses d'indexation a nourri une large part du courant jurisprudentiel relatif aux baux commerciaux. Depuis
18 Dec 2018
DOJ Announces More Lenient Corporate Cooperation Policy
In a speech delivered on Thursday, Nov. 29, 2018, Deputy Attorney General Rod Rosenstein described important changes to DOJ policies for awarding cooperation credit ...
United States
6 Dec 2018
New York Appellate Court Ruling Eases Hurdle To Bringing Derivative Suits Against UK Companies In The New York Courts
On Nov. 14, 2018, a New York appellate court held that in a derivative action brought in a New York court against a company incorporated in the United Kingdom
5 Dec 2018
Horizontal Gifting Upheld In Chapter 11 Plan In The Third Circuit
A noteholder appealed, arguing, among other things, that the plan unfairly discriminated against his class of claims since other unsecured creditors in separate classes would receive 100 percent recovery.
United States
12 Nov 2018
Third Circuit Remands W.R. Grace Decision Concerning Plan Channeling Injunction And Insurance Providers, Providing Additional Insights For Third Parties And Claimants
The Bankruptcy Court ultimately ruled in favor of CNA, denying the Plaintiffs' motion to dismiss CNA's complaint and granting summary judgment in favor of CNA.
United States
12 Nov 2018
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