By: Leonard M. Kessler, CONSTRUCTION ATTORNEY, ARBITRATOR, AND MEDIATOR 1. What is mediation and how does it differ from litigation and arbitration? Mediation is a private dispute resolution process in which the disputing parties work with a mediator to negotiate...
By: Ronald S. Greenberg , Natan Hamerman , Daniel Lennard , and Zachary C. Naidich , Kramer Levin Naftais & Frankel LLP FOR MORE THAN 50 YEARS, A COMMERCIAL TENANT IN New York that was threatened with eviction could count on obtaining a Yellowstone injunction...
By: Michael L. Hermsen, Anna Pinedo, and Laura D. Richman , Mayer Brown LLP THE ARTICLE ALSO HIGHLIGHTS KEY FORM 10-K AND FORM 10-Q matters, including risk factors, management discussion and analysis (MD&A), and financial statement issues, and examines various...
By: Timothy Murray , Murray Hogue and Lannis The word warranty isn’t just mired in confusion; it leaps, dives, and wallows in it. It means so many different things that the great Karl Llewellyn, the chief architect of the Uniform Commercial Code (U.C.C...
By: Anna Pinedo, Brian Hirshberg , and Raffi Garnighian, Mayer Brown LLP In connection with a registered securities offering, the underwriters of the offering typically enter into an underwriting agreement with the issuer of the securities and any selling stockholders...
By: Jamala S. McFadden , Chandra C. Davis , and Raquel H. Crump , The Employment Law Solution: McFadden Davis, LLC This article provides guidance on the scope of permissible discovery employers may obtain from plaintiffs in employment discrimination lawsuits...
ADAPTED FROM ENERGY LAW AND TRANSACTIONS , David J. Muchow and William A. Mogel , General Editors, 3 Energy Law and Transactions 71.01-71.04 This article explains the regulatory framework under the Public Utility Regulatory Policies Act of 1978 (PURPA) 1 surrounding...
By: Glenn Gordon , Lexis Practice Advisor This Coronavirus and Force Majeure Checklist provides guidance on issues and measures counsel should consider when determining the applicability of the coronavirus with respect to force majeure clauses in your clients’...
By: David K. Duffee , Mayer Brown Bankers, lawyers, and others involved in the loan market’s transition from the London Interbank Offered Rate (LIBOR) to another reference rate have spent much of the past two years thinking about and drafting fallback provisions—the...
By: Charles M. Oellermann and Mark G. Douglas , Jones Day This article discusses a recent decision in the U.S. Court of Appeals for the Third Circuit addressing whether triangular setoff is permissible in bankruptcy. THE ABILITY OF A CREDITOR TO EXERCISE ITS...
By: Daniel J. Merrett and Mark G. Douglas , Jones Day This article discusses a recent U.S. Court of Appeals for the Tenth Circuit bankruptcy appellate panel (BAP) decision on whether Section 364(d)(1) of the Bankruptcy Code 1 could be used to approve Chapter...