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16 Apr 2024, 5:29 am by Samuel Estreicher and Samuel Ball
This will give us some insight into how firms have handled the change and maybe whether the SEC’s private-ordering-oriented approach has impacted agreements between executives’ and their employers.Reprinted with permission from the February 22, 2024 issue date of the “New York Law Journal” © 2024 ALM Media Properties, LLC. [read post]
12 Apr 2024, 4:58 pm by Edward T. Kang and Kyle T. Garabedian
Reprinted with permission from the April 12, 2024 edition of “The Legal Intelligencer” © 2024 ALM Media Properties, LLC. [read post]
21 Mar 2024, 10:35 am by Edward T. Kang
Understanding the concept of hearsay and its application to ESI evidence is crucial for practitioners to navigate the complexities of evidentiary rules effectively. [read post]
29 Jan 2024, 10:51 pm by Kelly Lavelle
Reprinted with permission from the January 26, 2024 edition of “The Legal Intelligencer” © 2024 ALM Media Properties, LLC. [read post]
26 Jan 2024, 10:49 am by Edward T. Kang
Reprinted with permission from the January 23, 2024 edition of “The Legal Intelligencer” © 2024 ALM Media Properties, LLC. [read post]
8 Jan 2024, 11:04 am by Edward T. Kang
Considering the difficulties for private plaintiffs to pursue and prevail on antitrust claims under the Sherman Act, Section 2, Epic’s win against Google carries significant consequences for platform operators’ liability under antitrust laws. [read post]
3 Nov 2023, 2:03 pm by Edward T. Kang
Rule 106 is more than just an obscure procedural rule governing the timing of the introduction of statements. [read post]
26 Oct 2023, 12:15 pm by Kelly Lavelle
Reprinted with permission from the October 26, 2023 edition of “The Legal Intelligencer” © 2023 ALM Media Properties, LLC. [read post]
16 Oct 2023, 1:06 pm by Edward T. Kang
Because jurisdictions vary widely in their treatment of deposition break conferences, practitioners should not assume that conversations with clients during deposition breaks will be covered by attorney-client privilege. [read post]
10 Oct 2023, 9:01 pm by Samuel Estreicher
Other arguably race-related issues such as diversity goals in employment, racial data gathering, consideration of racial or ethnic impact of RIFs, and race-based programs like special grants, minority-business preferences and diversity, equity, and inclusion initiatives (DEI), will be covered in a forthcoming article.Reprinted with permission from the August 16, 2023 issue date of the “New York Law Journal” © 2023 ALM Media Properties, LLC. [read post]
1 Sep 2023, 10:59 am by Edward T. Kang
Although Rule 408 does preclude some settlement evidence from being admitted in litigation, it is a mistake, and potentially a dangerous one, to believe that any documents or communications bearing the label of “For Settlement Purposes Only” will necessarily fall within the scope of Rule 408. [read post]
10 Aug 2023, 2:15 pm by Kelly Lavelle
Reprinted with permission from the August 10, 2023 edition of “The Legal Intelligencer” © 2023 ALM Media Properties, LLC. [read post]
16 Jun 2023, 12:11 pm by Edward T. Kang and Kandis Kovalsky
The statute does not define the term “resulting from,” which has led to differing interpretations of the causation standard required for an AKS violation to be considered a false claim under the FCA. [read post]
8 Jun 2023, 6:38 am by Kelly Lavelle
Reprinted with permission from the June 8, 2023 edition of “The Legal Intelligencer” © 2022 ALM Media Properties, LLC. [read post]
19 May 2023, 12:28 pm by Edward T. Kang
The court noted an important distinction between the two LLC’s bylaws: advancement for Holdco board members was mandatory, while advancement for officers of Retrofit was not. [read post]
18 May 2023, 9:00 pm by Samuel Estreicher
The high court’s reliance on the CBA’s management-clause rights clause is also in tension with Lingle and its progeny which provide that adjudication of a CBA does not generally trigger Section 301 preemption.Reprinted with permission from the March 22, 2023 issue date of the “New York Law Journal” © 2023 ALM Media Properties, LLC. [read post]
” (Anticompetitive Practices, FTC).We hope the agency will seriously evaluate these considerations in its final action after completion of the comment period which has been extended to April 19.Reprinted with permission from the March 22, 2023 issue date of the “New York Law Journal” © 2023 ALM Media Properties, LLC. [read post]