"Everyone is entitled to his own opinion, but not his own facts." The Supreme Court has applied this maxim to the securities laws, holding in Omnicare v. Laborers District Council , that while statements of opinion generally are not actionable, there are some narrow circumstances in which such statements entail or imply false or misleading assertions of fact.
- May 01, 2023Gregory Silbert and Joshua Wesneski
Someone may think we are exceptionally kind, funny and compassionate, but may not be assured we can accomplish a client's goal, in which case they will be hesitant to refer business to us. So, how do we begin to inspire trust and confidence in the first meeting?
May 01, 2023Stephanie FrieseCertain types of agreements, such as real estate leases, clearly are executory contracts subject to assumption or rejection in bankruptcy cases. But what about the partnership agreement itself?
May 01, 2023Andrew C. Kassner and Joseph N. Argentina Jr."Sister Sledge" Sibling's Use of "Sister Sledge Sledgendary" Isn't Trademark Infringement
May 01, 2023Stan SoocherPart Two of a Three-Part Article This three-part series discusses the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, it is important to first understand the Supreme Court landmark cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader, discussed in the first installment, and S.E.C v. Lorenzo, discussed here.
May 01, 2023Anthony Michael SabinoWhen it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.
May 01, 2023Erik ShermanStay interviews are designed to give employees a chance to give feedback and insight into their experience at work so that companies can better meet their needs and concerns.
May 01, 2023Scott WooldridgeAs defendants increasingly seek bankruptcy as a resolution to multidistrict litigation claims, plaintiffs firms and judges are starting to ask questions about the legitimacy of the tool commonly referred to as the "Texas Two-Step."
May 01, 2023Christine SchiffnerNew York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring CLE Meeting
May 01, 2023ELF StaffPart One of a Two-Part Article Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar AI-powered tools in their operations. These requests can be urgent, with business clients demanding enablement from legal. This article is in two parts: Part One briefly details what "generative AI" tools like ChatGPT are and provides an overview of key legal considerations, including by looking forward to upcoming AI-specific legislation in the EU and the U.S.
April 01, 2023Dan Felz, Wim Nauwelaerts, Paul Greaves and Josh Fox









