The Current State of Snap Removals Federal district courts currently disagree about whether an in-state defendant can ever remove a case to federal court solely on the basis of diversity jurisdiction. The debate centers on the meaning of 28 U.S.C. § 1441(b)(2), the forum defendant rule, and Continue Reading
Can an “Agreement to Agree” Support Expectation Damages?
Curtis Leitner and Joseph Scholz discuss the use of preliminary agreements under New York law, analyzing relevant case law and explaining the implications for contracting parties. Continue Reading
Bankers Beware: The Reach of the Procuring Cause Standard
The procuring cause standard is a potential area of contract uncertainty for investment bankers, principals, and counsel in New York. Under New York law, it is well-established that, absent an agreement otherwise, a real estate broker is not entitled to a commission unless she is the “procuring Continue Reading
‘Wile E.’ IoT: NIST SP 800–213 and Catching Up with the Internet of Things Cybersecurity Improvement Act of 2020
FEATURE COMMENT: ‘Wile E.’ IoT: NIST SP 800-213 And Catching Up With The Internet Of Things Cybersecurity Improvement Act Of 2020 “Beep beep”—Road Runner Be it running into a rock face, dropping off a cliff, getting blown up, or taking an anvil to the noggin, there was little that would/could Continue Reading
Chancery Limits Enforceability of ‘Reasonable’ Restrictive Covenant Agreements under Delaware Law
A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used. Benjamin Smyth discusses the decision and its implications in this article for Delaware Business Court Insider. Continue Reading
SEC Adopts New Executive Compensation Clawback Rules for Public Companies
On November 28, 2022, the Securities and Exchange Commission (the SEC) published final clawback rules (the Final Rules) in response to the long-standing requirement under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to increase transparency and disclosure in financial Continue Reading
Preemption and Claims of Failure to Report Adverse Events to FDA Under PA Medical Device Case Law
Unlike a standard failure-to-warn claim, a failure-to-report claim can avoid federal preemption if the jurisdiction has a state-law duty to do so. Amy Vanni and Michael Toczyski discuss whether such a duty exists in PA in The Legal Intelligencer. Continue Reading
When Is an REA Also a ‘Claim?’
When issues arise during performance of a federal government contract, causing a contractor to experience delays and/or to incur additional, unanticipated costs, contractors have a choice of remedies. They can request the contract duration or price be adjusted by submitting either a request for Continue Reading
A Game Changer for Mortgage Foreclosure Cases In NY
A recent New York Court of Appeals decision is a game changer for the mortgage servicing and mortgage finance industries, write Adam Swanson and Jessie Bonaros, as lenders may find some loans considered time-barred are now recoverable. Continue Reading
Eighth Circuit Imposes New “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split
Christopher Adams co-authored “Eighth Circuit Imposes New “But-For” Causation Standard for False Claims Act Cases Premised on Anti-Kickback Violations, Causes Circuit Court Split” in the winter issue of Garden State FOCUS. Continue Reading