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Drafter Beware: Recent New York Decision Reaffirms the Continuing Vitality of Public Policy in Enforcing Choice-of-Law Provisions

Every day, attorneys act as advisors to parties negotiating and drafting contracts. Among those terms often left to the lawyers are choice-of-law provisions. Which state’s law governs a dispute, in theory, should not...more

Are syndicated loans actually securities? The SEC “is not in a position” to say.

If you have been following the appeal in Kirschner v. JP Morgan Chase Bank, N.A., No. 21-2726, you know that the Second Circuit, following oral argument on the Trustee’s appeal of the District Court’s decision that the...more

Will the Parents Ever Be Alright? [Audio]

Lowenstein litigator Jennifer Fiorica Delgado joins hosts Megan Monson, Nicole Fulfree, and Rachel Moseson Dikovics to discuss how working parents are recovering from the pandemic. They describe the challenges of raising...more

Is New York or Delaware More Protective of the Freedom to Contract? Two Important New York Decisions on the Accrual of Breaches of...

New York and Delaware each enjoy an excellent reputation in the business world and typically provide the governing laws and are the jurisdictions of choice in domestic (and many international) commercial contracts. But which...more

Citibank’s $900 Million Black Swan

On February 16, Judge Furman of the Southern District of New York handed down a ruling in In re Citibank August 11, 2020 Wire Transfers concluding that Citibank could not recover $900 million inadvertently wired to lenders. ...more

Sub-Zero Oil Isn’t Snake Oil: A First Ruling on Losses From Crude’s Dip Into Negative Prices

In the wake of the Great Financial Crisis, global financial markets got their first experience of negative interest rates, something classical economists had long thought to be unworkable if not impossible. On April 20,...more

Recent Developments in FINRA’s Award of Credit for Extraordinary Cooperation Offers Guidance to Member Firms

In 2020, the Financial Industry Regulatory Authority Inc. (FINRA) settled alleged rule violations with various large investment firms, including Merrill Lynch, Citigroup Global Markets Inc. (CGMI), Transamerica Financial...more

Kirschner v. JPMorgan Chase Bank: Case Update

In a previous post, we discussed Kirschner v. JPMorgan Chase Bank, an action in which the trustee of bankrupt Millennium Labs brought state law securities fraud claims on behalf of a group of “approximately 400 mutual funds,...more

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