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1
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
2
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
3
Third Circuit Affirms Bankruptcy Court Retention Of Jurisdiction To Resolve Dispute Despite Arbitration Provision
The Third Circuit, in a nonprecedential opinion in FBI Wind Down, Inc. Liquidating Trust v. Heritage Home Group, LLC (In re FBI Wind Down Inc.), Case No. 17-2315 (3d Cir. July 27, 2018), ...
United States
31 Aug 2018
4
Paying The Price For Reps And Warranties Breaches
There are thousands of court decisions analyzing the nuances of contract breaches and causation.
United States
5 Apr 2018
5
Debt Dialogue: March 2018
After a hiatus of several months, we are resuming publication of Debt Dialogue, Kramer Levin's online newsletter devoted to legal developments of interest affecting borrowers and issuers, lenders and security holders...
United States
5 Apr 2018
6
Delaware Bankruptcy Court Rejects "Implied Assumption" Of Executory Contracts As Part Of Asset Sale
The Delaware Bankruptcy Court recently held, in Stanley Jacobs Prod., Ltd. v. 9472541 Can. Inc. (In re Thane Int'l, Inc.), No. 17-50476 (KG), 2018 Bankr. LEXIS 464 ...
United States
9 Mar 2018
7
Supreme Court Issues Decision On Section 546(E) Safe Harbor Provision Resolving Long-Standing Circuit Split
On February 27, 2018, the Supreme Court handed down a unanimous opinion, authored by Justice Sotomayor, resolving a Circuit split over the interpretation of Section 546(e) of the Bankruptcy Code...
United States
1 Mar 2018
8
Arbitrator Not Required To Follow Own Precedent
The article examines the Second Circuit's ruling in Rite Aid of New York, Inc. v. 1199 SEIU United Healthcare Workers East.
United States
23 Jan 2018
9
Debtwire: Kramer Levin's Adam Rogoff Breaks Down Decisions In Momentive Performance And Millennium Health
Corporate Restructuring and Bankruptcy partner Adam C. Rogoff joined Debtwire's Richard Goldman for a podcast discussion on the makewhole premium and replacement note interest rate...
United States
4 Dec 2017
10
Second Circ. Holds Arbitration Provision In Uber App's Terms Of Service Created Valid Agreement To Arbitrate
The article examines the Second Circuit's holding that the arbitration provision within Uber's terms of service as presented in Uber's app interface resulted in a valid agreement to arbitrate.
United States
23 Nov 2017
11
Presidential Obstruction Of Justice: The Case of Donald J. Trump
Presidential Obstruction of Justice, The Case of Donald J. Trump.
United States
23 Nov 2017
12
Standard Set For Vacating An Award Procured By Fraud
Litigation counsel Michael S. Oberman's article "Standard Set for Vacating an Award Procured by Fraud," was posted on Oct. 20, 2017 to the American Bar Association Section of Litigation...
United States
22 Nov 2017
13
Manafort Indictment Is Bad News For Trump
Litigation Partner Barry H. Berke co-authored an Op-Ed titled "Manafort Indictment is Bad News for Trump" which appeared in The New York Times on Oct. 30, 2017.
United States
22 Nov 2017
14
Tax Court Declines To Follow Rev. Rul. 91-32
The taxation of a partnership and its partners is a blend of entity and aggregate theories.
United States
6 Sep 2017
15
Venue, Forum Selection And Transfer
Litigation partner Gary P. Naftalis and counsel Michael S. Oberman co-authored a chapter in the fourth edition of the treatise "Business and Commercial Litigation in Federal Courts," .
United States
8 Mar 2017
16
Public Policy Challenge Rejected and International Award Confirmed
The article examines the Second Circuit's confirmation of an international award in PDV Sweeny Inc. PDV Texas Inc v. Conocophillips Company.
United States
22 Nov 2016
17
FINRA Rejects Forum Selection Provisions That Prohibit Bringing Arbitration Claims Before FINRA
The Notice expresses disapproval of pre-dispute forum selection provisions between member firms and associated persons.
United States
14 Nov 2016
18
Are Class Action Waivers Enforceable? Until The Supreme Court Rules, It Depends Where You Are Located
Recent decisions by the U.S. Courts of Appeals for the Seventh Circuit and the Ninth Circuit have adopted the reasoning of the National Labor Relations Board in D.R. Horton, Inc. and Michael Cuda.
United States
9 Nov 2016
19
Applying Spokeo, Wisconsin Federal District Court Judge Dismisses Time Warner Cable Personal Information Collection Case
A Wisconsin federal judge dismissed claims against Time Warner Cable by one of its former customers on the grounds that the customer lacked Article III standing.
United States
18 Aug 2016
20
Applying Spokeo, Missouri Federal District Court Judge Dismisses Complaint Against Scottrade Alleging Injuries Suffered From A Hack Of The Company's Confidential Customer Information
A Missouri federal magistrate judge dismissed, for lack of standing, a class action suit against Scottrade for claims stemming from data hacks.
United States
18 Aug 2016
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