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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…

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…

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…

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…

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…

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…

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…

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…

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…

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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