Columns | May 24, 2013
Featured Columns
Proving the Amount of Breach of Contract Damages
In his Contract Law column, Glen Banks, a partner at Fulbright & Jaworski, writes that New York law does not provide a clear guideline as to what constitutes sufficient proof of the amount of damages that can support an award of compensatory damages.
Outside Counsel
With Rise of Autism, Courts Face Challenging Legal Issues
Thomas A. Dickerson and Jeffrey A. Cohen, associate justices of the Appellate Division, Second Department, discuss the Affordable Care Act's effect on coverage of autism, New York's recently enacted "autism insurance" reform law, the developing body of law involving issues and services affecting autistic individuals and a new diagnostic publication that has raised concern in the autism community.
Government / Health Law / Insurance Law / Social Services Law
Featured Columns
The Never Ending Story of Unfinished Business
In his Law Firm Partnership Law column, Arthur J. Ciampi, the managing member of Ciampi LLC, writes that two cases from California elucidate the scope of liability for unfinished business claims as well as the procedure used in unfinished business cases.
Outside Counsel
You've Been 'Poked'! 'PCCare247' and Service of Process by Social Media
Michael C. Lynch, a partner at Kelley Drye & Warren, writes that courts will continue to recognize that electronic service, whether it continues to be by email, or broadens to Facebook, Twitter, text messaging or other means, is often the most effective and least expensive way to reach a defendant.
Featured Columns
Pesticide Pollution Prevention Program for Long Island Is on the Horizon
In her State Environmental Regulation column, Charlotte A. Biblow, a partner at Farrell Fritz, writes that monitoring underlies all actions in the blueprint, according to the DEC, because water quality monitoring results would be essential to conducting the work under each component.
Corporate Update
Quinn Emanuel Targets Big Banks in Lawsuit Over Rigging of LIBOR
In the suit filed on behalf of Salix Capital Ltd., the firm doesn't even bother to raise the two main theories LIBOR investors have relied on so far - antitrust liability and racketeering - that were rejected in a devastating ruling by Judge Naomi Reice Buchwald.
Corporate Update
Can You Resign from the Board of a Troubled Company?
In their Corporate Governance column, David A. Katz, a partner at Wachtell, Lipton, Rosen & Katz, and Laura A. McIntosh, a consulting attorney for the firm, write that two recent Delaware rulings provide an opportunity for directors to consider how they might react if they discovered corporate malfeasance and how they might handle fundamental, irresolvable concerns or disagreements that may arise while serving as a director.
Corporate Update
New Deals
Web giant Yahoo agreed Sunday to buy popular blogging and social media service Tumblr for $1.1 billion. Also, generic drug maker Actavis reached an agreement to acquire Irish rival Warner Chilcott in an all-stock deal worth $8.5 billion, including assumed debt.
Featured Columns
Insuring Against Cyber Risks: Coverage, Exclusions, Considerations
In their Corporate Insurance Law column, Howard B. Epstein and Theodore A. Keyes of Schulte Roth & Zabel write: As a result of the rise of cyber incidents and the increased focus on computer security, more insurance carriers have begun offering insurance to cover cyber risk liability. Not surprisingly, more companies are purchasing these policies, particularly those companies in the financial services, technology and health care industries.
Featured Columns
Reassignment to a New Judge After Remand From the Federal Circuit
In their Patent and Trademark Law column, Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write that the Federal Circuit does not have a specific rule relating to reassignment after remand and will look to the law of the circuit court in which the district court resides.
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