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Manatt Phelps & Phillips LLP | USA | 7 Jul 2016

Will Industry Feel Impact of Supreme Court's Madden Rejection?

In a disappointing move, the U.S. Supreme Court has denied the petition for certiorari by Midland Funding to hear the case Madden v. Midland Funding


Pepper Hamilton LLP | USA | 7 Jul 2016

Supreme Court's Rejection Is Not the End of the Road for Madden v. Midland Funding

Regardless of whether or not Midland’s case is successful at the district court, there are a number of reasons why the Second Circuit’s Madden


Cadwalader Wickersham & Taft LLP | USA | 15 Jun 2016

M&A Update: New York Court of Appeals Rejects Extension of Common Interest Privilege to Merger Talks

On June 9, 2016, a divided New York Court of Appeals in a much-anticipated ruling held that the attorney-client privilege can only be maintained for


Manatt Phelps & Phillips LLP | USA | 25 May 2016

Justice Department Sides With Financial Industry on Madden Case

Marketplace loan investors may want to "gather ye discounted Madden loans while ye may," as the Robert Herrick poem reads (taking some fintech


Proskauer Rose LLP | USA, Australia | 5 Apr 2016

Dueling Forums: New York Court Rejects Australian Court’s Effort to Disregard New York Forum Selection Clause

A producer and a distributor entered into an agreement to sell shoes in Australia. The contract contained broad New York choice of law and venue


Kramer Levin Naftalis & Frankel LLP | USA | 4 Dec 2015

New York Court of Appeals Rejects Choice of Law Provision in Nonsolicitation Agreement

The New York Court of Appeals recently declined to uphold a Florida choice of law provision in an employment agreement on the grounds that it


Epstein Becker Green | USA | 10 Jul 2015

Florida restrictive covenant statute remains “truly obnoxious” in New York courts

If you are an employer with employees in New York (or elsewhere) who have signed an agreement containing a Florida choice of law clause and


Cahill Gordon & Reindel LLP | USA | 17 Jun 2015

New York Court of Appeals: choice of law provisions for restrictive covenants may be unenforceable if contrary to NY public policy

On June 11, 2015, the New York Court of Appeals held in Brown & Brown, Inc. v Johnson that "applying Florida law on restrictive covenants related to


Manatt Phelps & Phillips LLP | USA | 22 Oct 2014

Policyholders beware: New York’s harsh late notice rule still alive despite 2009 amendment

Choice-of-law provisions can make a big difference in the outcome of a coverage dispute. The Second Circuit's ruling against the City of San Diego


Arnold & Porter Kaye Scholer LLP | USA | 25 Jun 2014

Contracting for accelerated adjudication in New York

Parties to transaction agreements-whether they be international, cross-border or domestic-often include provisions concerning choice of law and

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