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503 results found

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Sheppard Mullin Richter & Hampton LLP | USA | 22 Dec 2020

NY Court of Appeals Decides Who Gets Access to Required “Open Space”

This past week, in a 4 to 3 decision, New York’s highest court - the Court of Appeals - decided an important New York City land use question…
Article

Kramer Levin Naftalis & Frankel LLP | USA | 25 Nov 2020

Letters of Intent: A Litigation Trap for the Unwary

Letters of intent, or LOIs, serve an important purpose in corporate deals and M&A, and their use is widespread. Equally widespread is litigation…
Article

Skadden Arps Slate Meagher & Flom LLP | USA | 18 Nov 2020

New York Court of Appeals Ruling Could Shift Negotiating Leverage to Holdout Noteholders in Out-of-Court Restructurings

The New York Court of Appeals’ recent 4-3 opinion in CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc., 2020 WL 6163305…
Article

Kramer Levin Naftalis & Frankel LLP | USA | 5 Nov 2020

New York Court of Appeals Distinguishes Marblegate, Holds Majority-Directed Strict Foreclosure Violates Indenture and Minority Noteholders’ Absolute Legal Right to Payment

On October 22, 2020, in a 4-3 opinion, the Court of Appeals for the State of New York held that the right of certain dissenting minority noteholders…
Article

Proskauer Rose LLP | USA | 2 Nov 2020

Beware the Privilege Waiver During Investor Due Diligence

As though commercial transactions were not already fraught with enough potential pitfalls, a recent decision from the Southern District of New York…
Article

Jones Day | USA | 29 Oct 2020

New York's Highest Court Upholds Minority Noteholders' Rights Under Trust Indenture Act

In 2005, Cleveland Unlimited, Inc. ("CU") issued $150 million of five-year senior secured notes ("Notes") guaranteed by subsidiaries under an…
Article

Maurice Wutscher LLP | USA | 17 Jun 2020

NY High Court Rules in Favor of Lender in Action to Recover Settlement and Defense Costs From Insurer

In an action by a lender and its affiliate to recover insurance proceeds for defense costs of a federal qui tam action and indemnification for the…
Article

Squire Patton Boggs | USA | 20 Apr 2020

Is a Failure-to-Accommodate Discrimination Claim an Occurrence for Duty to Defend Purposes?

General liability policies insure against fortuitous events, otherwise known as accidents or occurrences. Intentional acts generally are not covered…
Article

Robinson & Cole LLP | USA | 3 Mar 2020

An Unfounded Lien: What’s an Owner to Do? And Can it Recover its Attorneys’ Fees?

A subcontractor has liened the property although the owner has paid in full for its work. The general contractor has disappeared. What should an…
Article

Hunton Andrews Kurth LLP | USA | 19 Feb 2020

New Year's Resolutions for New York Employers: Implementing Lessons Learned from 2019

February is a great time for employers with New York operations to check on their progress regarding New Year's resolutions for revising policies…
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