Risk of Crypto-Assets and Impact on Bank Failures

By: Celeste Mitchell-Byars , PRACTICAL GUIDANCE This article examines the recent U.S. bank failures and the risk of cryptocurrency assets at insured depository institutions. IN EARLY MARCH 2023, THREE U.S. BANKING INSTITUTIONS failed, resulting in...

Vinayak Kohli

Drafting Choice-of-Law Provisions

By: Timothy Murray , Murray, Hogue & Lannis ONE TIME I FOUND MYSELF ON THE SET OF A HOLLYWOOD soundstage for a popular television show about a lawyer. In the law library of the fake TV law firm, I noticed something that viewers at home couldn’t...

Vinayak Kohli

Drafting a Motion to Dismiss a Patent Infringement Complaint for Failure to State a Claim under Rule 12

By: John DeFosse FRIED FRANK, HARRIS, SHRIVER & JACOBSON LLP THIS ARTICLE EXPLAINS THE STRATEGIC AND PRACTICAL considerations associated with filing a motion to dismiss claims of patent infringement under Rule 12(b)(6) of the Federal Rules of Civil...

Vinayak Kohli

DOL’S Final ERISA Proxy Voting Rule Largely Changed to Principles-Based Approach

By: Michael B. Richman , Julie K. Stapel , Craig A. Bitman , Lindsay B. Jackson , Daniel R. Kleinman , and Natalie R. Wengroff , Morgan, Lewis & Bockius LLP The U.S. Department of Labor (DOL) has released its final rule on the application of the...

Vinayak Kohli

Case Alert: Chapter 11 Exit Financing Ruling—Section 364 Does Not Apply

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...