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Category: Business Law

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Category: Business Law

“Willful misconduct”– a commonly used term in contracts does not mean what you think it means

Posted on November 28, 2023

In Manhattan Chrystie St. Dev. Fund LLC v. Witkoff Group LLC (2023 NY Slip Op 50622(U), 2023 N.Y. Misc. LEXIS 3056), a New York trial court analyzed the meaning of the term "willful misconduct" in a commercial contract (specifically, a guaranty) governed by Delaware law.

The trial court generally...

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Ten Things to Know about the U.S. Committee on Foreign Investment in the U.S. (ABA re-print)

Posted on October 31, 2023
https://businesslawtoday.org/2023/10/ten-things-a-business-lawyer-should-know-about-the-u-s-committee-on-foreign-investment-in-the-u-s/

M&A Broker licensing exemption replaces SEC No-Action Letters

Posted on June 7, 2023

On March 29, 2023, the SEC-promulgated exemption from securities broker registration for qualifying mergers and acquisitions transactions became effective. Click here [M&A Broker Exemption

The courts are coming, the courts are coming… Noncompetes are under attack!

Posted on April 11, 2023

Recently, there have been myriad developments that seem like an attack on the enforceability of noncompete clauses in contracts--not only in the context of employment, but also in the context of partnership arrangements and post-closing M&A deals.

Typically, noncompete clauses are included in various types of contracts that govern...

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Blog Series: An Ounce of Precision in Contracts – Dispute Resolution

Posted on April 10, 2023

***This blog posting is one in a series that we anticipate posting specifically regarding the importance of spending additional time to carefully review and to write--with precision--the various clauses in business documents in general, and specifically in contracts.***

In FFS Data Corp. v. The OLB...

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What You Should Know About D&O or R&W Insurance In Mergers and Acquisitions

Posted on May 19, 2021

Click here to link to the article.

Contract signed by a yet-to-be-formed entity is binding on its principals (owners) and the contract’s counterparty

Posted on March 5, 2021

In Sutton v. Houllou, 2021 NY Slip Op. 08211, the Appellate Division, Second Department held that a party who entered into contract with a company that had not yet been formed cannot avoid its obligations under the contract. Conversely, the individual who signed the contract using the name of a company that had...

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