Limitations on Omissions Liability for Opinions Following 'Omnicare'
May 01, 2023
"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.
Business Development Strategies to Inspire Trust and Confidence from the Beginning
May 01, 2023
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?
Bankruptcy Court Rules Limited Partnership Agreement Is Not an Executory Contract
May 01, 2023
Certain 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?
Bit Parts
May 01, 2023
"Sister Sledge" Sibling's Use of "Sister Sledge Sledgendary" Isn't Trademark Infringement
Rule 10b-5 Liability: The Second Circuit and 'Lorenzo'
May 01, 2023
Part 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.
What Hybrid Work Looks Like In a CRE Firm
May 01, 2023
When 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.
Won't You Stay? Using Stay Interviews To Gain Employee Feedback
May 01, 2023
Stay 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.
Courts and Plaintiffs Lawyers Question Viability of 'Texas Two-Step'
May 01, 2023
As 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."
Upcoming Event
May 01, 2023
New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring CLE Meeting
ChatGPT & Generative AI: Everything You Need to Know
April 01, 2023
Part 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.
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- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
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