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.
Business lawyers advising the high-velocity mergers and acquisitions landscape of aesthetic medicine often find themselves peeling…
Read More“Process is your friend”: A simple yet powerful reminder from panelist Mary A. Francis captured the central message of the…
Read MoreWhen pursuing a representations and warranties insurance (“RWI”) claim, an insured will sometimes be confronted with a contradictory…
Read MoreWhen President Trump signed the Guiding and Establishing National Innovation for U.S. Stablecoins Act (the “GENIUS Act”) into…
Read MoreThis article is Part XI of the Musings on Contracts series by Glenn D. West, which explores the unique contract law issues the…
Read MoreEffective April 18, 2026, the Nationwide Multistate Licensing System (“NMLS”) implemented changes to the Individual (MU2 and…
Read MoreFor its recipient, a certiorari petition can be an anticlimax. After years of successful litigation, you and your client deserve…
Read MoreAn increasing number of states have recently enacted healthcare transaction review laws (“TRLs”). These laws reflect a decisive…
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ESG Reporting & Data Are Trending Risks While corporations are enthusiastically touting their positive…
For its recipient, a certiorari petition can be an anticlimax. After years of successful litigation,…
This article is Part III in the Many Splendors of Fraud Claims series by Glenn D. West, which explores…
The Joint Task Force on Model Short Form M&A Documents of the American Bar Association Business Law…
[lwptoc depth="6" numeration="none" skipHeadingLevel="h4,h5,h6"] Introduction Earn-Outs: A Dealmaker’s…
The Barton doctrine, first articulated by the Supreme Court in 1881, requires a party to obtain leave…
Handling the sale of a company in financial distress presents a multitude of challenges: preserving…
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…
