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Article

Kramer Levin Naftalis & Frankel LLP | USA | 19 Jul 2016

Conditions and Covenants in Debt Documents: Strict vs. Substantial Performance

In the recently decided case of The Bank of New York Mellon Trust Company, N.A. v. Morgan Stanley Mortgage Capital, Inc. (2d Cir. April 27, 2016), a

Article

Wiley Rein LLP | USA | 10 Sep 2008

Second Circuit affirms verdict finding breach of covenant of good faith and fair dealing and trial court’s decision to vacate bad faith award

The United States Court of Appeals for the Second Circuit Court has affirmed a trial court's decision to dismiss a bad faith claim against the primary insurer brought by excess insurers, holding that, under New York law, the jury's finding that the primary insurer did not act in "gross disregard" of the rights of the excess insurers precluded a finding of bad faith.

Article

Eversheds Sutherland (US) LLP | USA | 15 Jun 2007

Court upholds termination payment provision

The U.S. Court of Appeals for the Second Circuit recently issued an opinion that enforces an energy trading company’s contractual rights to an early termination payment under a long-dated contract.

Article

White & Case LLP | USA | 26 Mar 2007

New York State's highest court rules on "employee choice doctrine"

In Morris v. Schroder Capital Management International (November 2006), the New York Court of Appeals recently issued a decision concerning the "employee choice doctrine."

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