Today I saw this sentence (emphasis added) from a confidentiality agreement: Recipient shall be liable for any unauthorized disclosure or use of Confidential Information by or related to any party to whom Recipient discloses Confidential Information, as if such disclosure
Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date
On April 4, 2024, the First Department issued a decision in Kenney v. Essex Mgt. Co., 2024 NY Slip Op. 01871, holding that the parties to a lawsuit waived further discovery by failing to complete discovery by the Note
I Just Did My First In-Person “Drafting Clearer Contracts” Presentation in Four Years
On Friday, I went to Manhattan to do my first in-person Drafting Clearer Contracts presentation in four years. (The photo above is from that presentation, during the lunch break.) The previous one was in March 2020, for a law firm
Securities Litigation Against Life Sciences Companies: 2023
Securities class actions against life sciences companies are mostly second-order problems. The first-order problem is a business or regulatory setback that, when disclosed by the company or a third party, triggers a stock price decline. Following the decline, plaintiffs’ class-action
A Reminder that Hypothetical Performance Does Not Belong on Your Website
The Securities and Exchange Commission brought actions five investment advisory firms for violations of the Marketing Rule. The firms posted advertisements that included hypothetical performance on their websites.
The SEC points out that websites are available to the general public
SEC Charges Five Investment Advisers for Marketing Rule Violations
The Securities and Exchange Commission today announced settled charges against five registered investment advisers for Marketing Rule violations. All five firms have agreed to settle the SEC’s charges and to pay $200,000 in combined penalties. The five…
Corporate litigation update – shareholder rights under corporate statutes in Q1 2024
This blog post is the first of a new series looking at recent developments in Canadian corporate litigation, with a slight bias towards Ontario. The goal is to provide regular updates on court decisions that are of interest to the
Would This Case Be Decided Differently Today?
Now that Urias v. Buttafuoco, has been decided by the Court of Appeals would Gelwan v De Ratafia 2023 NY Slip Op 32953(U) August 25, 2023 Supreme Court, New York CountyDocket Number: Index No. 654525/2016 Judge: David B. Cohen have
When There is a Dispute Over the Existence of a Contract, a Plaintiff May Plead Both Contract and Quasi-Contract Claims
On April 4, 2024, the First Department issued a decision in Georgetown Co., LLC v. IAC/Interactive Corp., 2024 NY Slip Op. 01870, holding that when there is a dispute over the existence of a contract, a plaintiff may please
The SPAC Life Cycle: Business, Legal, and Accounting Considerations Forum 2024
April 15, 20249:00 a.m. – 5:30 pm EDT
This program, hosted by PLI and chaired by Mayer Brown partner, Eddie Best, provides a comprehensive discussion of special purpose acquisition companies (“SPACs”) with a focus on key business, legal, SEC reporting