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McDermott Will & Emery | USA | 19 May 2021

How should employers prepare for New York's most stringent workplace safety law?

New York Governor Andrew Cuomo recently signed into law the New York Health and Essential Rights (HERO) Act, which imposes stringent new workplace safety requirements on all employers in New York. The HERO Act requires the New York commissioners of labour and health to create a model airborne infectious disease exposure prevention standard for all employers across the state, differentiated by......
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Wilson Elser | USA | 3 Mar 2021

New York legislation regulating use of e-bicycles and e-scooters

As of November 2020, e-scooters are legal in New York City. The use of e-scooters and e-bicycles in the state of New York is subject to various safety measures, including the requirement to wear a helmet, lower speed limits and provisions addressing use while intoxicated. Still, the budget provision is considered a major win for those who advocate for New York's working poor.
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McDermott Will & Emery | USA | 19 Aug 2020

SDNY vacates portion of DOL final rule on FFCRA

The US District Court for the Southern District of New York recently struck down four parts of the US Department of Labour's final rule implementing the Families First Coronavirus Response Act (FFCRA). The FFCRA provides COVID-19-related sick leave and family leave to employees of businesses which have fewer than 500 employees. This article examines what this decision means for employers.
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Sidley Austin LLP | USA | 24 May 2019

Court permits New York DFS suit against OCC regarding fintech charter

A federal district judge recently denied a motion to dismiss filed by the US Office of the Comptroller of the Currency (OCC) in a lawsuit brought by the New York State Department of Financial Services, which challenged the OCC's decision to begin accepting applications from fintech companies for special purpose national bank charters.
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Ropes & Gray LLP | USA | 12 Sep 2018

New York Supreme Court enjoins Xerox acquisition

The Commercial Division of the New York Supreme Court recently enjoined Fujifilm Holdings Corp's proposed acquisition of a controlling interest in Xerox Corp. The court also compelled Xerox to waive provisions of its advance notice bylaw, enabling activist investors to nominate a competing slate of directors after the otherwise applicable deadline. The court's decision has been recognised as......
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Seyfarth Shaw LLP | USA | 26 Jun 2017

New York's scaffold law may not impose strict liability

The construction industry has long accepted that the New York scaffold law imposes strict liability on construction contractors and property owners for injuries suffered by workers who fall or are hit by a falling object as a result of inadequate scaffolding or similar construction structures. A recent decision by the New York Court of Appeals indicates that this common understanding is wrong.
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Ropes & Gray LLP | USA | 17 May 2017

Some courts reject disclosure-only settlements, but New York court adopts different approach

The In re Trulia, Inc Stockholder Litigation decision effected a dramatic change in stockholder litigation in Delaware. Two cases – one from the Seventh Circuit Court of Appeals and the other from the New Jersey Superior Court of Union County – may signal growing support for Trulia in courts outside Delaware. More recently, however, the Appellate Division for the First Department of New York......
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Ropes & Gray LLP | USA | 2 Nov 2016

New York Court of Appeals rules against waiver exception to attorney-client privilege

The New York Court of Appeals recently issued a decision that narrowly interprets the scope of the common interest exception to attorney-client privilege. Following the decision, parties involved in M&A transactions subject to New York law must take care to understand the situations in which the courts will consider litigation to be "pending or reasonably anticipated", in order to avoid......
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Ropes & Gray LLP | USA | 12 Oct 2016

New York Court of Appeals affirms business judgement deference for controlling stockholder transactions

The New York Court of Appeals has confirmed that business judgement deference – rather than the more searching "entire fairness" review – applies to controlling stockholder transactions that are approved by a duly empowered special committee of independent directors and that receive a "majority of the minority" vote from stockholders who are unaffiliated with the controlling party.
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Harneys | Cayman Islands, USA | 25 Aug 2016

New York Supreme Court rules derivative claims under Cayman law must first go through Cayman courts

A recent decision by the Supreme Court of New York Appellate Division has affirmed that the law of the Cayman Islands applied on the question of the law applicable to derivative claims brought by a shareholder of a Cayman Islands company in the New York jurisdiction. Any shareholder of a Cayman Islands company that wishes to bring a derivative action must commence the action in the Cayman......
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