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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Read MoreSince withdrawing its proposed rule broadly banning noncompetes in September 2025, the Federal Trade Commission (“FTC”) has…
Read MoreMediation, ordinarily a voluntary dispute resolution process, is private, informal, confidential, and nonbinding. A mediator,…
Read MoreMediation is nonbinding, but the goal is a binding deal. If a case is resolved, there may be a handshake, an unsigned or signed…
Read MoreIt’s an approach that has transformed early-stage investing: crowdfunding. Small amounts of money can make a big difference…
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[lwptoc depth="6" numeration="none" skipHeadingLevel="h4,h5,h6"] Introduction Earn-Outs: A Dealmaker’s…
The second edition of my book, Structured Negotiation, a Winning Alternative to Lawsuits, adds two new…
The Boeing Company Derivative Litigation evidences the increased focus on director responsibilities for…
For its recipient, a certiorari petition can be an anticlimax. After years of successful litigation,…
[lwptoc numeration="none"] Public companies in a number of sectors have recently experienced a significant…
At the ABA Business Law Section’s 2022 spring meeting in Atlanta, the M&A Committee presented a…
This is the ninth installment in the Year in Governance Series from the In-House Subcommittee of the…
ESG Reporting & Data Are Trending Risks While corporations are enthusiastically touting their positive…
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…
