Is New York ‘Reimagining’ the Implied Covenant of Good Faith and Fair Dealing?
A recent 4–3 decision from the New York Court of Appeals raises questions about a potential expansion of the implied covenant’s role in New York.
A recent 4–3 decision from the New York Court of Appeals raises questions about a potential expansion of the implied covenant’s role in New York.
This downloadable drafting aid for experienced M&A attorneys is designed as a more brief starting point for sub lower middle-market transactions.
The cases addressed varied parts of the process, but the pattern is clear: The Second Circuit is done treating arbitration agreements as a special category.
The Supreme Court decision narrows bankruptcy trustees’ avoidance powers and impacts cases beyond tax-related transfers.
M&A Law update, May 2026: Delaware Court of Chancery Analyzes Whether Type II (Preliminary) Agreement Will Support Specific Enforcement, and more.
A guide to the last year’s tribal litigation for business lawyers, reviewing notable cases on issues from tribal corporations to labor and employment law.
Practical guardrails can help nonprofits leverage the promise of AI without creating legal exposure, eroding mission, or compromising work products.
All lawyers should be able to spot potential privacy issues. This brief guide offers an orientation to the legal landscape for privacy in the United States.
In litigation, strategy, legal arguments, and effective evidence receive the bulk of the credit—win or lose. When cases are…
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A German attorney, a New York attorney, and a Canadian attorney walk into a bar and stay until last call.…
The second edition of my book, Structured Negotiation, a Winning Alternative to Lawsuits, adds two new…
[lwptoc depth="6" numeration="none" skipHeadingLevel="h4,h5,h6"] Introduction Earn-Outs: A Dealmaker’s…
In mid-June, as we all started thinking that the pandemic was winding down, I stepped into my role as…
The Joint Task Force on Model Short Form M&A Documents of the American Bar Association Business Law…
Adine S. Momoh is a trial attorney with nearly two decades of private and public…
Scott Diamond is a securities, derivatives and banking attorney at Lewis Brisbois,…
Holly Peterson is Counsel at Tenenbaum Law Group PLLC, a nationally recognized, Washington,…
Dr. Shastri Sandy is a Principal at The Brattle Group and co-leader of the firm’s…
