The Justice Insiders Podcast - Demystifying Sentences for White Collar Crimes: What's Next for SBF
How to Prevent Executives from Saying the Wrong Thing When Testifying
The ABCs of Employee Theft [More With McGlinchey Ep. 7]
Balado Continuité – Audiences 2.0 : défis et solutions en litige commercial
A recent decision in the Commercial Division of the Supreme Court, New York County, emphasizes the importance of clear and unambiguous contract drafting in all lending situations, including real estate. Acting Supreme Court...more
A recent opinion of the D.C. Court of Appeals is, on the surface, about procedural doctrines on service of process and court notices. But the case also teaches a simpler lesson: Answer your lawyer’s emails....more
As we previously reported, the Texas Business Courts became effective on September 1, 2024. Between the passage of House Bill 19, which created the Business Courts, and September 1, significant preparations were made for the...more
The Texas Business Court opened September 1, 2024. In the months before the specialized trial court opened, Governor Abbott appointed ten judges to hear cases in five of Texas’ eleven Judicial Administrative Regions, serving...more
Introduction - In today's world, the spotlight on Environmental, Social, and Governance (ESG) practices is brighter than ever. Stakeholders, including investors, consumers, and even corporate employees, are demanding that...more
Cayman Foundation Companies are growing in popularity as a vehicle of choice for decentralised autonomous organisations (DAOs) to take on legal personality. In a landmark decision, the Hong Kong High Court recently...more
Welcome to the Q3 2024 edition of A&O Shearman’s Fifth Circuit Securities Litigation Quarterly. As public companies and financial institutions continue to migrate to Texas, our Texas-based securities litigation team continues...more
I think it’s fair to say that Commercial Division judges have little time for discovery disputes. If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting...more
Questions about damages always seem to be far more difficult to answer than they ought to be. Here the court, overturning an arbitration tribunal on a point of law, found that a contractual right to terminate an agreement to...more
My colleague Matt Donovan recently wrote about the requirements of Commercial Division Rule 13(c) and highlighted certain decisions in which expert reports were precluded for non-compliance. This week’s post looks at a...more
Ninth Circuit Affirms Dismissal of Insider Trading Claims Against Satellite Operator Investors Based on Stock Sales After FCC Chairman Vote - In re Silver Lake Grp., LLC Sec. Litig. (9th Cir. July 24, 2024) What to...more
Because the Brazilian president enacted a federal law restricting the right of contracting parties to choose a specific forum for contract disputes, parties should consider their litigation strategies and review existing...more
As readers of this blog are aware, the most contentious battles during a lawsuit are fought during discovery. Among the various discovery battles is scheduling depositions. In many cases, parties tend to reschedule...more
On April 4, 2024, the Delaware Supreme Court held in In re Match Group Inc., Derivative Litigation that the entire fairness standard of review applies to all controlling stockholder transactions in which a controller receives...more
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division...more
The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year....more
Artificial Intelligence (“AI”) has roared into the discourse of the new economy. While the construction industry has lagged behind in its implementation, there is no doubt that AI has become an inescapable reality....more
Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to...more
They say the first step is admitting you have a problem. My name is Whitt, and I’m a recovering litigator. I’ve spent years sending ugly letters and playing a zero-sum game with strangers, and it generally didn’t lead to a...more
License hunters may have whiplash with state application processes in Kentucky, Minnesota, and Ohio (10(b) licenses) barely in the rearview mirror, but Delaware’s new license application deadline is fast approaching....more
Lakatamia Shipping Company Ltd v Su and others [2024] EWHC 1749 (Comm) illustrates how the Babanaft proviso typically included in a worldwide freezing order may serve to limit the liability of foreign third parties who...more
On September 4, 2024, New York Gov. Kathy Hochul signed into law an amendment to New York’s warranty reimbursement statute, N.Y. Veh. & Traf. Law § 465, requiring manufacturers to compensate dealers for labor using the...more
The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more
A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining,...more