In the New York Law Journal column, “First Dept. Forms Bright-Line Rule To Cap Damages From Breach of ‘Agreement to Agree,’” Partner Curtis Leitner discusses the limits of damages available for the breach of a preliminary “agreement to agree.” Curtis’s March 2023 column analyzed a trial court Continue Reading
Setting the Table: The Department of Homeland Security’s Rules on Safeguarding Controlled Unclassified Information
Effective July 21, 2023, DHS is operating under new rules for government contractors on safeguarding Controlled Unclassified Information (CUI) and reporting cyber incidents. In this Feature Comment for The Government Contractor, Alex Major describes how government contractors can best navigate DHS’s Continue Reading
Lawyers Will Be Pivotal as Post-pandemic Commercial Real Estate Transforms
James Barkley spoke to Legal Dive about the future of commercial real estate and his plan for building the practice at McCarter. Continue Reading
The Home Loan Banks’ Mission Is Vital. They Must Stay the Course
The Federal Home Loan banks have never run adrift of their mission. The only ones asking for trouble are those who suggest we get rid of these vital institutions, suggests Michael Horn. Continue Reading
Disclosing Risk Factors in Municipal Securities Offerings
Tax-exempt bonds are a common financing tool for state and local government issuers and nonprofit organizations, such as colleges, universities, and healthcare systems. Although municipal securities generally are exempt from federal securities laws, borrowers that benefit from these municipal Continue Reading
Challenging Government Use of Nontraditional White Collar Tools
The government prosecutes countless white collar cases with an ever-increasing reliance on nontraditional techniques, so defense attorneys must be aware of these tools and challenge them vigorously, advise Glenn MacKinlay and Dean Elwell. Continue Reading
New NJ Law Creates Flexibility for Corporate Conversion
Veronica Montagna, Alan Kornstein, and Matthew Windman discuss New Jersey's new law S.B. 142. The bill amends and supplements the New Jersey Business Corporation Act to provide procedures for (1) conversions, or the process of converting one type of entity to another type of entity, and (2) Continue Reading
The Southern District’s ‘Limited Exception’ for Finder’s Fee Contracts
In their latest New York Law Journal article, Curtis Leitner and Peter Gennuso discuss a recent SDNY decision on the distinction between a finder and a broker under the securities laws, and what the decision means for finder’s fee contracts. Continue Reading
Does Your Invention Need a Passport?
Your patent is finally filed in the United States Patent and Trademark Office (or the office of your local country). Then you remember your attorney saying something about patents being jurisdictional, whatever that means.... Once you have filed your initial patent application, which is Continue Reading
High Time for Change: Criminal Justice Considerations for Future Cannabis Markets
In this article, Guillermo Artiles and Ryan Magee identify several criminal justice policy issues resulting from New Jersey’s legalization of cannabis and explore ways neighboring states, like Pennsylvania, can address those issues in the context of a broader cannabis legalization policy discussion. Continue Reading