April 21, 2020

The COVID-19 Shutdown Implicates Legal Doctrines that are Only Invoked Infrequently

The COVID-19 virus has shuttered business operations throughout the United States, and even after we all return to work, there will be continued disruptions due to […]
April 13, 2020

Expect Delaware Companies to Adopt Exclusive Fed Forum Provisions

Earlier this month, the Delaware Supreme Court held in Salzberg v.  Sciabacucchi that provisions in a Delaware corporation’s certificate of incorporation requiring lawsuits arising under the […]
April 6, 2020

Get Ready For Business Interruption Insurance

Business interruption insurance is marketed to cover loss of income by a company resulting from an unexpected slowdown or suspension of its operations.  It may include […]
February 28, 2020

Insider Trading Just Became More Perilous

Late last year, the Second Circuit dramatically expanded the circumstances under which a tipper can be held criminally liable for insider trading.  United States v. Blaszczak, […]
January 29, 2020

Clarification of When Six Month Extensions of Time are Permitted Under CLPR

There has been a recent increase in the number of federal actions filed on diversity grounds by successor mortgagees to foreclose on real property located in […]
January 15, 2020

It Just Became More Difficult to Dismiss Class Actions on Motion in New York

On October 22, 2019, the New York Court of Appeals unanimously held that there was no per se bar to a pre-answer motion under CPLR Rule […]
January 2, 2020

A Rule 68(a) Pathway Around Cheeks

In a decision issued on December 6, 2019, a panel of the Second Circuit, in a 2-1 split, held that notwithstanding that Court’s prior decision in […]
August 21, 2019

Helping Reach The Tipping Point

Litigation typically ensures when both parties agree that the benefits to be gained from suit substantially outweigh its cost.  Both sides base their decision on an […]
August 13, 2019

The Impact of Cyan Revisited

Last year, in Important Developments on the Class Action Front, I noted that as a result of the Supreme Court’s decision in Cyan v. Beaver County, […]
August 7, 2019

As the Yellowstone Era Ends, Fast Track Mediation Beckons

In May 2019, in a 4-3 decision, the Court of Appeals dealt a death blow to the Yellowstone doctrine.  159 MP Corp. v Redbridge Bedford, 2019 […]