Herrick, Feinstein LLP: Learning Center: Publications: Publication Search

Developments from the SEC’s Advisory Committee on Small and Emerging Companies
May 2013
Louis Goldberg
Public Company Alert

New York City Passes Law Requiring Paid Sick Leave
May 2013
Mara B. Levin, Carol M. Goodman
Employment Alert

ERISA Does Not Preempt a Post-Distribution Suit Against Beneficiaries
May 2013
Irwin A. Kishner, Fred R. Green
ERISA Alert

CFTC and SEC Jointly Adopt Identity Theft Red Flags Rules
May 2013
Irwin A. Kishner, Irwin M. Latner, Patrick D. Sweeney
Investment Adviser Alert

Ultra Music Festival Q&A
August 10, 2012
Herrick, Feinstein
Three Questions on Herrick's Representation of Ultra Enterprises, Inc. in a Federal Trademark Infringement and Breach of Contract Trial

Corporate Alert: Protection Measures Found to Not Impermissibly Lock-up Transaction; Court Imposes Extreme Remedy for Failure to Produce Books and Records; SEC Provides Guidance on Unregistered Broker-Dealer Online Crowdsourcing Platforms; Proposed Legislation Facilities Use of Tender Offers in Transactions; SEC Issues Guidance Regarding Prohibition on Personal Loans
April 2013
Irwin A. Kishner, Daniel A. Etna
Corporate Alert

New Jersey Appellate Division Issues Key Decision in Case where Plaintiffs Sought Issuance of Subpoena to ISP for Determining the Identities of "John/Jane Doe" Defendants
April 2013
Barry Werbin, Ronald J. Levine
Litigation Online Discovery Alert

Corporate Alert: Court Bolsters Limits on Director Liability; Reverse Triangular Merger Is Not An Assignment; Court Enjoins Board from Resisting Hostile Consent Solicitation; Consent of Shareholder is Invalid if Corresponding Exhibit Not Provided; Court Rules Statute of Limitations Starts Running Upon Occurrence of Fraud; Revised Uniform Limited Liability Company Act
March 2013
Edward B. Stevenson, Irwin A. Kishner
Corporate Alert

Presumption of Prudence for Benefit Plan Investments in Employer Stock Upheld
March 2013
Irwin A. Kishner, Fred R. Green
ERISA Alert

NYC Unemployment Discrimination Ban
March 2013
Mara B. Levin, Carol M. Goodman
Employment Alert

Delaware Court Rules That Creditors' Post-Petition Plan Support Agreement Does Not Constitute Improper Solicitation
March 2013
Leslie W. Chervokas, Paul A. Rubin
Lending and Restructuring Alert

The Herrick Win Column
March 2013
Irwin A. Kishner, Daniel A. Etna
Sports Alert

New FMLA Forms and Poster Required by March 8, 2013
March 2013
Mara B. Levin, Carol M. Goodman
Employment Alert

U.S. Supreme Court Limits Timing of Federal Enforcement Actions
March 2013
Therese M. Doherty, Arthur G. Jakoby, Philip W. Raimondi
Securities Alert

Don't Underestimate The Scope Of A Bad Boy Guaranty
March 2013
John C. St. Jeanos, Nicholas P. Melillo
Real Estate Alert

Corporate Alert: NJ Enacts Angel Investor Tax Credit, Bank Found Not Guilty For Failing to Detect Fraud, Court Refuses to Dismiss Claims against Directors for Foreign Operations, Court Dismisses Corporate Waste Claim, Court Rules Board Conflict of Interest Insignificant in Merger Transaction, Short-Swing Profit Rule Inapplicable to Purchase and Sale of Different Series of Stock
February 2013
Irwin A. Kishner, Daniel A. Etna
Corporate Alert

IRS Updates Employee Plans Correction Program
February 2013
Irwin A. Kishner, Fred R. Green
ERISA Alert

New Consumer Protection Act Targets New Jersey Insurance Companies
February 2013
Arthur G. Jakoby, Jaimee L. Katz Sussner, Kevin M. Clauson
Insurance Alert

Bankruptcy Plan Can Restore Allegedly Diverted Trust Funds to Escape Liability Under New York’s Lien Law
January 2013
Leslie W. Chervokas, Paul A. Rubin
Lending & Restructuring Alert

Corporate Alert: "Don’t Ask, Don’t Waive” Provisions Not Prohibited; FTC Increases Thresholds; Court Imposes Fiduciary Duties; FINRA Issues Interim Form; Director’s Request Denied; Court Reaffirms Section 211 Requirement; Dept. of Justice Challenges Acquisition
January 2013
Edward B. Stevenson, Irwin A. Kishner

New FCRA Forms Required Effective January 1, 2013
January 2013
Carol M. Goodman, Mara B. Levin
Employment Alert

Corporate Alert: Court Enjoins "Don't Ask, Don't Waive" Provision; Regulation FD and Social Media; Court Upholds "Big Boy" Agreement; Court Upholds Non-Disclosure of Projections; Court Finds Manager of LLC Violated Fiduciary Duties; New Law Brings Changes to NJ LLCs
December 2012
Irwin A. Kishner, Daniel A. Etna
Corporate Alert

The Patient Protection and Affordable Care Act's Impact on Employers
December 2012
Mara B. Levin, Carol M. Goodman
Employment Alert

Corporate Alert: Court Addresses Waivers of General Partners’ Duties; Director Violates Duty of Loyalty; Court Rejects Stockholder Demand; Court Stresses Use of Corporation Law To Obtain Books; CFTC Issues Guidance on Energy Contracts
November 2012
Irwin A. Kishner, Edward B. Stevenson
Corporate Alert

Some Reassurance for Trade Creditors Doing Business with a Debtor-in-Possession
November 2012
Paul A. Rubin
Lending and Restructuring Alert

Sandy Alert: Frequently Asked Questions
November 2012
Kevin E. Fullington, Alan R. Lyons, Ronald J. Levine, Mara B. Levin, Carol M. Goodman, Michael H. Kessel, Michael McMahon
Sandy Alert

After the Election, Preparing for the Affordable Care Act
November 2012
Fred R. Green, Matthew H. Kunkes
ERISA Alert

Top Ten Things You Can Do To Protect And Support Your Insurance Claims Following Hurricane Sandy
November 2012
Alan R. Lyons
Insurance Alert

Corporate Alert: Court Finds Breach of Duty of Loyalty by Director; Court Applies Contractual Analysis to Preferred Stock Claim; H-S-R Act Settlement Highlights Availability of Exemption; Popular M&A Structure Could Trigger Act Prohibitions; Obama Cites National Security Considerations to Block Chinese Investment; Business Dispute Arbitration Statute Ruled Unconstitutional
October 2012
Irwin A. Kishner, Daniel A. Etna

New FINRA Filing Requirement for Private Placements
October 2012
Irwin M. Latner, Patrick D. Sweeney, David A. Pentlow
Private Fund Alert

Corporate Alert: SEC Proposes to Eliminate Prohibition on General Solicitation and Advertising in Securities Offerings; SEC Implements New "Conflict Minerals" Disclosure Requirements; Court Refuses to Read Implied Covenant of Good Faith and Fair Dealing; SEC Approves New FINRA Rule 5123; Court Applies Business Judgment Rule; Court Dismissed Ultra Vires Claim
September 2012
Irwin A. Kishner, Edward B. Stevenson
Corporate Alert

"No-Action" Clause Bars Certificate Holders from Suing Originators of Securitized Loans
September 2012
Paul A. Rubin, Justin B. Singer
Lending & Restructuring Alert

Unique Planning Opportunity Scheduled to Expire this Year
September 2012
Daniel A. Swick, Paul R. Herman, Brian E. Raftery, Michelle Bergeron Spell
Tax and Personal Planning Alert

Third Circuit Court of Appeals vacates class certification in Marcus v BMW of North America, LLC., et al
August 2012
Ronald J. Levine, Susan T. Dwyer
Class Action Alert

Second Circuit Expands SEC's Reach in Charging Aiding and Abetting Securities Fraud
August 2012
Therese M. Doherty, Arthur G. Jakoby, Philip W. Raimondi
Securities Alert

Corporate Alert: Court Rules NDA "Use Restrictions" May Limit Pursuit of Alternative Opportunity; Court Finds No Obligation to Disclose Wells Notice; Court Decision Highlights Importance of Provisions; Court Affirms Promissory Note Exchange; FTC Changes Policy; FASB Seeks Comment on Private Company GAAP
August 2012
Irwin A. Kishner, Daniel A. Etna
Corporate Alert

How to Correct Violations of ERISA
August 2012
Irwin A. Kishner, Fred R. Green
ERISA Alert

Corporate Alert: SEC Adopts Comp. Committee Independence Rules, Delaware Supreme Court Upholds Violation of Confidentiality as Basis for Delaying Offer, U.S. Court Rules on Section 16 Liability, Delaware Court Imposes No General Fiduciary Duty to Minimize Taxes, Delaware Chancery Court Adheres to the Objective Theory of Contracts, NY Court of Appeals Rejects Lawsuit Against Barclays
July 2012
Edward B. Stevenson, Irwin A. Kishner
Corporate Alert

The Herrick Win Column
July 2012
Irwin A. Kishner, Daniel A. Etna

"The Cheese Stands Alone": United States Trustee Forces Transfer of Houghton Mifflin Harcourt Cases Despite Objection of All Other Parties
July 2012
Leslie W. Chervokas, Paul A. Rubin, Stephen B. Selbst, Justin B. Singer
Lending & Restructuring Alert

Federal Court Sides with SIPC in Dispute with SEC, Rejecting SEC's Bid to Force SIPC to Cover Losses of Stanford Ponzi Scheme Victims
July 2012
Howard R. Elisofon, Steven D. Feldman, Jonathan L. Adler
Securities Alert

How will same-sex marriage affect employee benefit plans?
July 2012
Irwin A. Kishner, Fred R. Green
ERISA Alert

Public Company Perspectives
June 2012
Stephen E. Fox

Is your severance plan exposing employees to penalties?
June 2012
Irwin A. Kishner, Fred R. Green
ERISA Alert

Supreme Court Clarifies Lenders' Right to Credit Bid
June 2012
Paul A. Rubin, Stephen B. Selbst, Adam D. Wolper
Lending & Restructuring Alert

Corporate Alert: JOBS Act Creates "IPO On-Ramp"; Court Indicates that the Combination of No Shop Provisions and Don't-Ask-Don't-Waive Standstills May Constitute a Breach of Fiduciary Duties; Court Looks to Plain Meaning of Company's Charter to Define "Liquidation Event"; Court Upholds Confidentiality Agreements and Enjoins Hostile Bid
May 2012
Edward B. Stevenson, Irwin A. Kishner
Corporate Alert

Lie and Face Jail Time, Says the Department of Justice
April 2012
Steven D. Feldman, David M. Rosenfield, Philip W. Raimondi
White Collar Alert

Tactical Delay of Bankruptcy Filing Backfires on Debtor's Principal
April 2012
Paul A. Rubin, Adam D. Wolper
Lending & Restructuring Alert

Corporate Alert: JOBS Act Signed into Law; Public Companies Gravitate Toward Lead Directors; Court Subjects Cash-out Merger; Court Limits Reach of State Antitrust Law; California Transparency in Supply Chains Act; Court Refuses to Toll Statute of Limitations
April 2012
Irwin A. Kishner, Daniel A. Etna
Corporate Alert

Corporate Alert: House Passes JOBS Act; Court Analyzes "§220" Demand; SEC Tightens Qualified Client Standard; Court Addresses CEO's Indemnification Claim; Court Defines Transactions Subject to the Anti-fraud Provisions of the Exchange Act; Court Refuses to Enjoin Merger; Court Analyzes Whether Controlling Stockholder, Chairman and CEO May Have Violated Contractual and Fiduciary Duties
March 2012
Edward B. Stevenson, Irwin A. Kishner
Corporate Alert

Securities Update - SEC Cooperation Initiative
March 2012
Therese M. Doherty, Arthur G. Jakoby
Securities Alert

Financial Firm Entitled to Restitution from Rogue Employee
March 2012
Therese M. Doherty, Arthur G. Jakoby, David M. Rosenfield, Steven D. Feldman, Philip W. Raimondi
White Collar Alert

Covered Service Provider Fee Disclosures Under ERISA §408(b)(2) Required by July 1, 2012
March 2012
Irwin A. Kishner, Fred R. Green, Gary Young
ERISA Alert

Public Company Perspectives
January 2012
Stephen E. Fox, Irwin A. Kishner

Prepayment Premiums: Lenders Must Avoid This Mistake
February 2012
Paul A. Rubin, Hanh Huynh
Lending & Restructuring Alert

Corporate Alert: Court Holds LLC Managers Owe Fiduciary Duties, Court Addresses Doctrine of Corporate Opportunity, New York Authorizes Benefit Corporations, SEC Staff Issues Global No-Action Relief From Exchange Act Registration, NYSE Limits Discretionary Voting by Brokers, FTC Raises Hart-Scott-Rodino Act Thresholds
February 2012
Irwin A. Kishner, Daniel A. Etna

CFTC Finalizes Changes to CPO and CTA Registration and Compliance Rules
February 2012
Therese M. Doherty, Arthur G. Jakoby, Philip W. Raimondi

Unpaid Internships May Subject Employers to Investigations, Fines and Potential Litigation
February 2012
Mara B. Levin, Carol M. Goodman
Employment Alert

Corporate Alert: New York Court of Appeals Rejects Martin Act Preemption; Court Enjoins an Annual Stockholder Meeting; SEC Brings 10b-5 Enforcement Action Against Private Company and Former Executive; Court Decision Enforces "No-Action" Clause under New York Law; New Jersey Trade Secrets Act Becomes Law; Federal Small Business Programs are Reauthorized
January 2012
Edward B. Stevenson, Irwin A. Kishner
Corporate Alert

The Resurgence of Art Funds: Leveraging a Passion for Art Into Investment Returns
Fall 2011
Jessica D. Wessel
Art & Advocacy
Recently the prevalence of so-called “passion investments” has increased, with art funds emerging as an attractive alternative investment. This article explains how art funds work and sets forth important things to consider before investing in an art fund.

Use of Art Images in Gallery and Auction Catalogues: Copyright Minefield and Practical Advice
Fall 2011
Barry Werbin
Art & Advocacy
Barry Werbin authored the article "Use of Art Images in Gallery and Auction Catalogues: Copyright Minefield and Practical Advice" in Herrick's art law newsletter.

Rights of Victims in Criminal Proceedings
Fall 2011
Steven D. Feldman
Art & Advocacy
Steve Feldman authored the article "Rights of Victims in Criminal Proceedings" in Herrick's art law newsletter.

'Occupy'ing the Zoning Resolution
January 18, 2012
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Deadline to File Part 1A of Form ADV for Exempt Reporting Advisers
January 2012
Irwin M. Latner, Patrick D. Sweeney
Private Fund Alert

Corporate Alert: IPO Underwriter Found Not to Owe Fiduciary Duty to Issuer; Delaware Court Rules Against Stock Redemption; Delaware Court Finds Release Bars Claims; Delaware Court Applies Step Transaction Doctrine; California Corporate Officers Not Covered; SEC Amends Accredited Investors Net Worth Standard; Senators Propose Plan to Facilitate Capital Formation
December 2011
Irwin A. Kishner, Daniel A. Etna

Another Court Weighs In on the Enforceability of Assignment of the Right to Vote on a Bankruptcy Plan
December 2011
Paul A. Rubin, Hanh Huynh
Lending & Restructuring Alert

The Next 50
December 8, 2011
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Corporate Alert: What Constitutes a Breach of an Agreement to Negotiate in Good Faith?; Transaction Fails Entire Fairness Doctrine; Delaware Court Declares Directors Can Lose Independence if Intimidated to Act; Delaware Court Denies Appraisal Rights; SEC Approves Tougher Standards for Companies Going Public Through Reverse Mergers
November 2011
Edward B. Stevenson, Irwin A. Kishner

Council on Affordable Housing (COAH) Abolished
November 21, 2011
Richard Bass
ZONE: Land Use and Environmental Blog

Public Company Perspectives
November 2011

Reporting By Investment Advisers to Private Funds and Certain Commodity Pool Operators and Commodity Trading Advisors on Form PF
November 2011
Irwin M. Latner, Patrick D. Sweeney, Irwin A. Kishner
Dodd-Frank Alert

Seventh Circuit: Outcast Minority Member of LLC is Still an Insider
October 2011
Paul A. Rubin
Lending & Restructuring Alert

Corporate Alert: Court Allows Insurers to Contest Policies, SEC Studying Crowdfunding, Court Disqualifies Vote of Preferred Stock, Court Addresses Bond Indenture Asset Disposition Covenant, Court Shows Flexibility, Court Rules in Favor of Investor, Court Refuses to Second Guess Compensation Decisions, SEC Declines to Challenge Access Decision
October 2011
Irwin A. Kishner, Daniel A. Etna

What the Lady Has Wrought: The Ramifications of the Portrait of Wally Case
Fall 2010
Howard N. Spiegler
Art & Advocacy
Howard Spiegler authored the article "What the Lady Has Wrought: The Ramifications of the Portrait of Wally Case" in Herrick's art law newsletter.

OSHA Directive on Workplace Violence
October 2011
Gary Young
Employment Alert

Corporate Alert: NYSE Seeks to Tighten Rules for Reverse Mergers, Delaware Court of Chancery Upholds Transfer of Voting Interests, Second Circuit Addresses Economic Duress Claim Against Lender, Delaware Supreme Court Says No To Creditor Derivative Suits, IRS Proposes Regulations Regarding Performance-Based Compensation Exemption
September 2011
Irwin A. Kishner, Edward B. Stevenson

New NLRB Posting Requirement
September 2011
Gary Young
Employment Alert

Dodd-Frank Newsletter
September 2011
Irwin M. Latner, Stephen D. Brodie, Patrick D. Sweeney

Hurricane Irene - Do I Have Insurance For My Business Interruption Losses?
August 2011
Alan R. Lyons
Insurance Alert

Federal Appeals Court in New York Approves Picard's Calculation Method, Disappointing So-Called "Net Winners"
August 2011
Howard R. Elisofon, Steven D. Feldman
Securities Alert

Corporate Alert: General Release Trumps Minority Shareholder Fraud Claim; "Short Swing" Profit Issue of First Impression; Cease and Desist Order in Social Media Crowdfunding Venture; NJ WARN Act; Federal Bankruptcy Court in DE Extends Federal WARN Act Liability Beyond Employer; New Large Trader Reporting Requirements; FTC Changes to HSR Form; D.C. Circuit Vacates SEC's "Proxy Access" Rule
August 2011
Irwin A. Kishner, Daniel A. Etna

Foreclosure Sale Of Non-Debtor's Property Voided As Violation Of Automatic Stay
August 2011
Paul A. Rubin
Lending & Restructuring Alert

Public Company Perspectives
August 2011
Stephen E. Fox, Irwin A. Kishner

The Art of Perfection: Avoiding Pitfalls in Gallery Bankruptcies
Summer 2009
Stephen B. Selbst
Art & Advocacy
Stephen Selbst co-authored, with Ed Emrich, the article "The Art of Perfection: Avoiding Pitfalls in Gallery Bankruptcies" in Herrick's art law newsletter.

Corporate Alert: SEC Adopts Rule Defining "Family Offices"; Supreme Court Limits Scope of Persons Liable for Securities Fraud; SEC Adopts Rules for Venture Capital Exemption; Delaware Supreme Court Upholds Disgorgement; Enactment of the UK Bribery Act; SEC Amends Political Contribution Rules; Delaware Chancery Court Applies Derivative Requirement
July 2011
Edward B. Stevenson, Irwin A. Kishner

DEC Weighs In On Fracking: Proposes Permitting with Restrictions
July 12, 2011
Louis A. Evans
ZONE: Land Use and Environmental Blog

Supreme Court Affirms EPA's Authority to Regulate Greenhouse Gas Emissions
June 2011
Louis A. Evans
Environmental Alert

Right of First Refusal Held To Be Unenforceable in Bankruptcy
June 2011
Paul A. Rubin
Lending & Restructuring Alert

Supreme Court Affirms EPA Authority to Regulate Greenhouse Gas
June 28, 2011
Louis A. Evans
ZONE: Land Use & Environmental Blog

Zoning: What's the point?
June 21, 2011
Eldad Gothelf
ZONE: Land Use & Environmental Blog

Supreme Court: EPA Free to Use UAO Mechanism
June 16, 2011
Louis A. Evans
ZONE: Land Use & Environmental Blog

Corporate Alert: Del. Chancery Court Applies Revlon Standard, Del. Chancery Court Refuses to Enjoin Cash Tender Offer, SEC Adopts Rules Implementing Whistleblower Provisions, SEC Enters into First Deferred Prosecution Agreement, New Listing Option for Smaller Companies, FTC Issues Statement on Use of Escrow Arrangements
June 2011
Irwin A. Kishner, Daniel A. Etna

Herrick Quarterly Sports Update
Spring 2011
Irwin A. Kishner, Matthew Pace

Corporate Alert: Court Considers Reverse Triangular Merger, Court Test for Aggregating a Series of Transactions, Court Guidance Regarding a Seller of Good Will Soliciting, Court Reaffirms Preferred Stockholder Rights, SEC Considers Extending Deadline, Court Enjoins Shareholder Vote, Massachusetts Proposes Regulation on Use of Expert Networks
May 2011
Edward B. Stevenson, Irwin A. Kishner

What Changes Behavior?
May 12, 2011
Eldad Gothelf
ZONE: Land Use & Environmental Blog

Updated MDL: Should I Stay (longer than 30 days) or Should I Go?
May 10, 2011
Mitchell Korbey
ZONE: Land Use & Environmental Blog

Rezoning Plan for Fur District Leaves Hoteliers Out in the Cold
April 2011
Mitchell Korbey
Herrick’s Hospitality Group News Alert

Corporate Alert: NY Court Rules E-Mail Correspondence Can Create Contract, Delaware Chancery Court Applies Plain Meaning Standard, Delaware Chancery Court Shifts Burden of Proof, Delaware Chancery Court Applies Entire Fairness Standard to Reverse Stock Split, SEC Settles Another "No Fault" SOX Clawback, CA of Appeals Does Not Require "Fiduciary Out"
April 2011

Important Developments Affecting Real Estate Bankruptcies
April 2011
Paul A. Rubin
Lending & Restructuring Alert

Public Company Perspectives
April 2011

Corporate Alert: New Guidance on Materiality Standard, Delaware Chancery Court Clarifies Rights to Books and Records, SEC Proposes Rules on Compensation Arrangements, Delaware Chancery Court Provides Guidance on Top-Up Options, Delaware Chancery Court Rules Board of Directors Has Power to Defeat an Inadequate Tender Offer, Supreme Court Rules Against Privacy Rights
March 2011
Edward B. Stevenson, Irwin A. Kishner

Step Aside Philadelphia, Jersey City: The Waterfront is Now NYC’s Sixth Borough
March 15, 2011
Jennifer Dickson
ZONE: Land Use & Environmental Blog

The City’s “Quick Response” to Providing Information
March 10
Eldad Gothelf
ZONE: Lane Use & Environmental Blog

GGBP: Time to Pay Attention
March 10, 2011
Eldad Gothelf
ZONE: Land Use & Environmental Blog

New Zoning Restraints For Local Hotels?
March 2011
Mitchell Korbey
Herrick's Hospitality Group News Alert

Dodd-Frank Newsletter
March 2011
Irwin M. Latner, Patrick D. Sweeney, Stephen D. Brodie

Corporate Alert: SEC Issues Rules on "Say-on-Pay" and "Say-When-Pay", SEC Proposes Amendment to Net Worth Standard, Bill Introduced in NY Senate, DE Court Refuses to Dismiss Failed Merger Claims, DE Court Refuses to Dismiss Claim, DE Supreme Court Clarifies Enforceability of Forum Selection Clauses, City of New York Concludes Seeking Investments from Pension Funds is Lobbying
February 2011
Irwin A. Kishner, Daniel A. Etna

New Jersey Affordable Housing Update: New COAH Rules and an Evolving Process
February 22, 2011
Richard Bass
ZONE: Land Use & Environmental Blog

When Raising Funds, Silence Can Be Golden
January 2011
Richard M. Morris
Private Equity & Hedge Fund Alert

Important Warnings Against “Gifting Plans” and Hostile Takeover Attempts in Chapter 11
February 2011
Stephen B. Selbst, Paul A. Rubin
Lending & Restructuring Alert

Westchester Fair Housing Update: Plan Progressing, But HUD Wants Revisions
February 16, 2011
Richard Bass
ZONE: Land Use and Environmental Blog

You Might Be a Lobbyist If...
February 2011
Kevin E. Fullington
If you are seeking investment funds from the New York City Pension systems, you might be a lobbyist.

Herrick Quarterly Sports Update
Winter 2011
Irwin A. Kishner, Barry Werbin, Matthew Pace

New Shipping Requirements in Effect: The Art World Reacts
Winter 2011
Yael M. Weitz
Art & Advocacy
Yael Weitz authored the article "New Shipping Requirements in Effect: The Art World Reacts" in Herrick's art law newsletter.

Holocaust Art Restitution Litigation in 2010
Winter 2011
Yael M. Weitz, Waffiyah M. Mian
Art & Advocacy
Yael Weitz and Waffiyah Mian co-authored the article "Holocaust Art Restitution Litigation in 2010" in Herrick's art law newsletter.

Bartering with Art - Tax Implications
Winter 2011
Michael H. Kessel, Michael Zargari
Art & Advocacy
Michael Kessel and Michael Zargari co-authored the article "Bartering with Art - Tax Implications" in Herrick's art law newsletter.

Correcting Employment Agreements Under Section 409A
February 2011
Irwin A. Kishner, Fred R. Green, Gary Young
Compensation Alert

New Law on Federal Estate, Gift and Generation Skipping Transfer Taxes
February 2011
Daniel A. Swick, Brian E. Raftery, Paul R. Herman
Tax Alert

Hope for Madoff Investors Hit With Clawback Lawsuits
January 2011
Howard R. Elisofon, Stephen B. Selbst, Frederick E. Schmidt, Paul A. Rubin
Lending & Restructuring Alert

New York's Wage Theft Prevention Act Imposes New Obligations and Increases Penalties for Employers
January 2011
Mara B. Levin, Carol M. Goodman
Employment Alert

A Bank on Every Corner?
January 7, 2011
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Can the City’s Decision Makers Keep New York Wal-Mart-Free?
January 10, 2011
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Governor Cuomo Appoints New DEC Commissioner
January 5, 2011
Louis A. Evans
ZONE: Land Use and Environmental Blog

Zoning For Your Health
January 3, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

SEC Proposes Dodd-Frank Whistleblower Rules
December 2010
Irwin M. Latner, Patrick D. Sweeney
Dodd-Frank Alert

Fracking Controversy: Gov Paterson Issues Moratorium on Horizontal Hydraulic Fracturing
December 17, 2011
Louis A. Evans
ZONE: Land Use and Environmental Blog

Corporate Alert: Del. Supreme Court Reverses Ruling, Del. Chancery Court Rules Merger Agreement Binds Stockholders, SEC Brings Enforcement Action, Second Circuit Rules Executives May Not Be Indemnified, Del. Supreme Court Recognizes Right to Obtain Identities of Partners, Del. Chancery Court Provides Guidance on Letter of Intent, Del. Chancery Court Addresses Implied Covenant
December 2010
Irwin A. Kishner, Daniel A. Etna

The Alleys of New York
December 15, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Urban Agriculture - Ready For Its Close-Up?
December 3, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Bankruptcy Judge Approves Procedures to Facilitate Claw Back Litigation Against Madoff Investors
November 2010
Howard R. Elisofon, Steven D. Feldman
Securities Alert

Corporate Alert: Reasonableness of Merger Termination Fee Analyzed, Fiduciary Duty Not A Defense To Breach of Exclusivity Provision, Delaware Court Speaks to Judicial Dissolution of LLCs, Delaware Court Bars Creditors' Derivative Claims Against Insolvent LLC, Claims Barred on Behalf of a Corporation Against Outside Advisors in Corporate Frauds
November 2010
Edward B. Stevenson, Irwin A. Kishner
Corporate Alert

Secured Lenders Win Latest Round in Credit Bidding Wars
November 2010
Paul A. Rubin, Frederick E. Schmidt
Lending & Restructuring Alert

Protecting the Value of Employer-Owned Life Insurance
November 2010
Irwin A. Kishner, Fred R. Green, Gary Young
ERISA Alert

SEC Proposes “Family Office” Definition
November 2010
Irwin M. Latner, Patrick D. Sweeney, Richard M. Morris
Hedge Fund and Private Equity Fund Alert

Are You a Certified Artist?
November 15, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Landmarks Considers a New Historic District for Brooklyn
October 29, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Corporate Alert: Court Upholds NOL Poison Pill, Court Invalidates Poison Pill, Courts Affirms Validity of Bylaw Accelerating Annual Meeting of Stockholders, LLC Members Can Contract Away Obligation to Act Reasonably, Court Refuses to Second Guess Board Decision, SEC Amends Reporting Rule of Non-Accelerated Filers, MD&A Disclosure
October 2010
Irwin A. Kishner, Daniel A. Etna

East and West Village Rezonings
October 28, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

LARGE INSIDER TRADING ARRESTS APPEAR IMMINENT
November 2010
Steven D. Feldman
White Collar Alert

A Clear Message on Sustainable Housing?
Otober 22, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

The Mosque, Zoning, & Community
October 21, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

ARC Project’s Future? Let Your Voice Be Heard
October 21, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

East Harlem's Future
October 19, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Herrick Quarterly Sports Update
Fall 2010
Irwin A. Kishner, Matthew Pace

New Cash Incentives Increase Risk of Whistleblower Activity: Are You Prepared?
October 2010
Steven D. Feldman
White Collar Alert

ULI Conference
October 14, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

The Comprehensive Waterfront Plan – Coming Soon to a Shoreline Near You
October 8, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

ARC Project Pulled!
October 7, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Bank Loans to Art Dealers
Fall 2010
Stephen D. Brodie
Art & Advocacy
Stephen Brodie authored the article "Bank Loans to Art Dealers" in Herrick's art law newsletter.

Car Sharing for All!
September 30, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Greening of the Codes Continues
September 30, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Designated: Newtown Creek Becomes Second Superfund Site in NYC
September 29, 2010
Louis A. Evans
ZONE: Land Use and Environmental Blog

Foreclose, Then What?
September 28, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

New City Program Could Streamline Brownfield Remediation Process
September 2010
Louis A. Evans
Environmental Alert

DOT’s Miracle (on 34th St.)?
September 28, 2010
Mark A. Levine
ZONE: Land Use and Environmental Blog

Corporate Alert: New Jersey Appellate Division Clarifies Scope of Shareholders' Inspection Rights; FTC Revises Horizontal Merger Guidelines; LLC Manager's Investment Not an "Investment Contract"; Delaware Supreme Court Addresses Standing Issues in Double Derivative Claims; Expanded Securities Fraud Liability for Fund Managers; The Benefit of Taking Dividends in 2010
September 2010
Edward B. Stevenson, Irwin A. Kishner

Recent Federal Court Ruling on Rescission of Condo Deposits
September 2010
Douglas P. Heller
Real Estate Alert

Bad Medicine: Court prevents Pfizer from manipulating subsidiary’s bankruptcy to serve its own agenda
September 2010
Paul A. Rubin, Frederick E. Schmidt
Lending & Restructuring Alert

SoHo’s Zoning Secret
September 22, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

The Design Commission – Another Obscure, But Vital Agency?
September 16, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Retirement Plan Service Providers Must Disclose Fees; Fiduciaries Also on the Hook
September 2010
Fred R. Green, Gary Young, Irwin A. Kishner
ERISA ALERT

False Statements to the Government Can Land You in Jail
September 2010
Steven D. Feldman, David M. Rosenfield
White Collar Alert

Corporate Alert: Stockholder Rights Plan Reaffirmed; Officers May Need To Reimburse Payments Received During Periods Later Restated; Law Firm Not Exempt from Broker-Dealer Registration; Duties Owed to Preferred Stockholders Rights Are Contractual, Not Fiduciary; Delaware Adds New Short-Form Merger Statute; SEC Recommends Life Settlements be Defined as Securities
August 2010
Irwin A. Kishner, Daniel A. Etna

The New Brochure Rules Adopted by the SEC
August 2010
Irwin M. Latner, Patrick D. Sweeney
Investment Adviser Alert

On the Waterfront…
August 8, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

City and State Agree on Local Brownfield Cleanup Strategy
August 5, 2010
Louis A. Evans
ZONE: Land Use and Environmental Blog

The Scope of LPC’s Power
August 5, 2010
ZONE: Land Use and Environmental Blog

New York Is Twice the Size of LA…and Growing!
July 30, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

421-a Program: What Does the Future Hold?
July 30, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Subway Updates – #7 & 2nd Ave
July 30, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

City Finally Considering Elimination of Parking Requirements
July 29, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Corporate Alert: Limits Application of Federal Securities Laws Abroad; PCAOB Ruled Constitutional; Concept Release on the U.S. Proxy Statement; NASDAQ Clarifies Noncompliance Reporting Rules and Proposes Amendments; Lender Ability to Rely on Borrower Representations in Loan Agreements
July 2010
Irwin A. Kishner, Edward B. Stevenson

Recent Changes to "Accredited Investor" Standard
July 2010
Irwin M. Latner, Patrick D. Sweeney
Hedge Fund and Private Equity Fund Alert

BSA (Board of Standards and Appeals – NYC) and the NSA (National Security Agency – USA)
July 26, 2010
ZONE: Land Use and Environmental Blog

Lending Practices May Put Hedge Funds on the Government’s Hit List
Steven D. Feldman, Irwin M. Latner
White Collar Alert

Impact of New Financial Reform Legislation
July 2010
Irwin M. Latner, Patrick D. Sweeney
Hedge Fund and Private Equity Fund Alert

Cram Down Plan “Trumps” Subordination Provision in Intercreditor Agreement
July 2010
Paul A. Rubin, Frederick E. Schmidt
Lending & Restructuring Alert

NYC Zips Into Future With Car Sharing Text Amendment
July 16, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

SEC Adopts "Pay to Play" Rule For Investment Advisers, Their Principals and Key Employees
July 2010
Irwin A. Kishner, Patrick D. Sweeney, Richard M. Morris
Investment Adviser Alert

More Problems With Westchester’s Fair Housing Plan
July 12, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Council Land Use Committee Says Domi-yes
July 9, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

FCPA Enforcement Poses a Growing Threat to Companies - Is Self-Reporting A Smart Move?
Steven D. Feldman
White Collar Litigation Alert

Primer: Artwork and Sales Tax in New York
Spring/Summer 2010
Michael H. Kessel
Art & Advocacy
Michael Kessel co-authored, with Eli Akhavan, the article "Primer: Artwork and Sales Tax in New York" in Herrick's art law newsletter.

Visual Artists and Google: Standing on the Shoulders of Ten Years of Digital Music Litigation
Spring/Summer 2010
Barry Werbin
Art & Advocacy
Barry Werbin co-authored, with Jeff Liebenson, the article "Visual Artists and Google: Standing on the Shoulders of Ten Years of Digital Music Litigation" in Herrick's art law newsletter.

Tighten Up Your Privacy Policy for Employee Emails and Texts: Supreme Court Case Holds Lessons for Employers
July 2010
Carol M. Goodman, Mara B. Levin, Gary Young, Barry Werbin
Employment Alert

Corporate Alert: NFL Teams’ Licensing JV Engaged in Concerted Action; American Jobs and Closing Tax Loopholes Act; Standards Governing Controlling Stockholder Tender Offers; New FINRA Guidance on Regulation D Private Placements; Guidance for Public Companies Regarding Forward-Looking Statements Safe Harbor; Merger Settlement; Out-of-Pocket Rule as Measure of Damages
June 2010
Irwin A. Kishner, Daniel A. Etna

GRATs -- Act Before It's Too Late
June 2010
Daniel A. Swick, Paul R. Herman, Brian E. Raftery
Tax Alert

What the Private Fund Investment Act of 2010 Means for You
June 2010
Irwin M. Latner, Patrick D. Sweeney
Hedge Fund Alert

Herrick Quarterly Sports Update
Summer 2010
Irwin A. Kishner, Matthew Pace

Legislation Passed to Amend Loft Law
June 11, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Use New Prosecution Guidelines to Protect Your Company
June 2010
Steven D. Feldman, Avery S. Mehlman
White Collar Defense Alert

Corporate Alert: Revlon Duties Apply to Issuance of Notes Convertible Into a Controlling Interest; "Benefit Corporation” Legislation; Implied Covenant of Good Faith and Fair Dealing; Statute of Limitations in Securities Fraud Actions; Increases Filing Fees for 2011; ERISA Fiduciary Retains Deference; IRS Asking Employers to Answer 401(k) Questionnaire
May 2010
Irwin A. Kishner, Edward B. Stevenson

Foreclosure on UCC Collateral Speeds Lender’s Takeover of Troubled Real Estate
May 2010
Stephen B. Selbst, Paul A. Rubin
Lending & Restructuring Alert

A Little Off the Top? – “Illegal” Addition to be Removed
May 6. 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Corporate Alert: Interests Between Common and Preferred Stock Holders; “Principal Place of Business”; New Rules on Asset-Backed Securities; Improper Transfer of Shares; Special Litigation Process; Excessive Investment Advisory Fee Liability; WARN Act; NASDAQ’s Modifications of Press Release Requirements
April 2010
Irwin A. Kishner, Daniel A. Etna

Judge Sides with City in Adult Use Zoning Case
April 2, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

DOL Issues Proposed Regulations for Participant Investment Advice for IRAs and 401(k) Plans
April 2010
Fred R. Green, Gary Young, Irwin A. Kishner
ERISA Alert

Extra, Extra, Read All About It: Third Circuit's Decision in the Philadelphia Newspapers Case Continues Pattern of Anti-Creditor Bankruptcy Rulings
March 2010
Gary Eisenberg
Lending & Restructuring Alert - Special Edition

Corporate Alert: Limitations of Fiduciary Duties in LLC Agreements Must Be Clear and Unambiguous, When is a Financing Term Sheet a Binding Agreement to Lend?, Massachusetts Data Security Regulation will Affect National Businesses, Delaware Court of Chancery Reviews Use of NOL Poison Pills, Interpretation of “Stockholder of Record” May Include Banks and Brokers
March 2010
Irwin A. Kishner, Edward B. Stevenson

Once a “Development”, always a “Development”? City loses lawsuit, subsequently aims to overhaul entire Zoning Resolution!
March 18, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Bankruptcy Court Invalidates Flip Clauses
March 2010
Stephen B. Selbst, Paul A. Rubin
Lending & Restructuring Alert

Label with Care
March 2010
Food & Beverage Alert

Trojans Defeat Gamecocks - Trademark Battle over the Interlocking “SC” logo
March 2010
Barry Werbin, Matthew Pace
Sports Alert

Corporate Alert: One Word Says It All, Minority Shareholder’s Rights, New Arbitration Rules, Letter of Intent Binding, Trust Agreement Dispute, “Bet the Company” Transactions, Preliminary Merger Negotiations, Climate Change Disclosure, HSR Act, New Excise Tax
February 2010
Irwin A. Kishner, Daniel A. Etna

It’s Just a Facade?
February 19, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Federal Monitor Rejects Westchester’s Plan to Address Segregation With Fair Housing
February 19, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Just a Suggestion: Task Force Puts Forth 111 Recommendations on How City Regulations Can Promote Sustainability
February 5, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

IRS Issues Section 409A Document Correction Program
February 2010
Fred R. Green, Irwin A. Kishner, Gary Young
Compensation Alert

Westchester’s Mt. Laurel – The Next Step
February 4, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Second Avenue Subway: Litigation and Compensation
February 4, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Impact of Recent Amendments to SEC’s Custody Rule
February 2010
Irwin M. Latner, Patrick D. Sweeney
Investment Adviser Alert

Repeal of the Federal Estate and Generation-Skipping Transfer Tax for 2010
February 2010
Daniel A. Swick
Tax Alert

Corporate Alert: Additional Remedies for Breach of Merger Agreement; Oral LLC Operating Agreements Subject to Statute of Frauds; New SEC Disclosure Rules for Proxy Solicitations, Annual Reports and Registration Statements; Corporate Proprietary Information at Risk for International Travelers; SEC Proposal Aims to Facilitate Issuer Access to Capital Markets
January 2010
Irwin A. Kishner, Edward B. Stevenson

PACE Yourself: New York State Takes Step Towards Financing Green Retrofits
January 22, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Food for Zoning Thought
January 22, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

DOJ Cracking Down on Foreign Dealings
January 2010
Steven D. Feldman
FCPA Alert

Bankruptcy Court Disqualifies Creditor’s Votes Objecting to Chapter 11 Plan
January 2010
Paul A. Rubin
Lending & Restructuring Alert

Is NYC Manufacturing (Zoning) Dead? New Zoning Plans May Continue A Trend
January 21, 2010
Mitchell Korbey
ZONE: Land Use & Environmental Blog

New Year, New Domino
January 5, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Effective Immediately: COBRA Subsidy Extension
January 2010
Mara B. Levin, Carol M. Goodman, Gary Young
Employment Alert

Private Bank Loans: Consignments Pose Additional Risks
Winter 2010
Stephen D. Brodie, Julie Albinsky
Art & Advocacy
Stephen Brodie and Julie Albinsky co-authored the article "Private Bank Loans: Consignments Pose Additional Risks" in Herrick's art law newsletter.

Holocaust Art Restitution Litigation in 2009
Winter 2010
Yael M. Weitz
Art & Advocacy
Yael Weitz authored the article "Holocaust Art Restitution Litigation in 2009" in Herrick's art law newsletter.

Arbiters of Authenticity
Winter 2010
Darlene B. Fairman
Art & Advocacy
Darlene Fairman authored the article "Arbiters of Authenticity" in Herrick's art law newsletter.

Corporate Quick Hit: Engagement Letter Claim; Legislation to Tax Carried Interests as Ordinary Income; Revlon Duties in Cash/Stock Mergers; G Enforcement Action; Judicial Dissolution Guidance; Heightened Review Standard to Merger; Commodity Pool Operators; Employment Verification Law; Financial Stability Improvement Act of 2009
December 2009
Irwin A. Kishner, Daniel A. Etna

Will Energy Usage Data Lead to Different Behavior and Alter Investment?
December 11, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Public Sector “White Knight” – City Set to Announce “Development Coordinator” Position
December 9, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Eminent Domain Shocker: Columbia University Loses Its Bid; Vows to Appeal
December 4, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Greener, Greater Buildings Plan Moving Faster, Closer to Reality
December 2, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Officially Blighted: Court of Appeals Rules in Favor of Atlantic Yards
November 24, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

A Rumor vs. Insider Trading—A Line You Don’t Want to Cross: Distinctions Financial Professionals Need to Know
November 2009
Steven D. Feldman
Securities Alert

Corporate Alert: Board Can Breach Fiduciary Duties by Improperly Favoring Preferred Stockholders; Director’s Duty to Disclose Wrongdoing When Negotiating a General Release; US Court of Appeals: Unauthorized Transfer of Software License by Merger Constitutes Copyright Infringement; SEC Votes to Regulate Dark Pools
November 2009
Edward B. Stevenson, Irwin A. Kishner

Unsecured Creditors May Collect Post-Petition Attorneys’ Fees But Undersecured Creditors May Not
November 2009
Paul A. Rubin
Lending & Restructuring Alert

City Planning Commission to Parking on Your Front Lawn: Drop Dead
November 17, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

The Appeal of Zoning
November 16, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

If You Can’t Beat Them, Sell Them Your Land for $100M: A Coney Island Update
November 12, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

To List or Not To List–A New Wrinkle in the Gowanus Canal Superfund Site Debate
November 11, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Get the Lead Out
November 4, 2009
Lori G. Singer
ZONE: Land Use and Environmental Blog

A Review of Ideas to Revive the Market
November 3, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Pending Bill Could Revive the Practice of Fractional Giving
Fall 2009
Michael H. Kessel
Art & Advocacy
Michael Kessel co-authored, with Eli Akhavan, the article "Pending Bill Could Revive the Practice of Fractional Giving" in Herrick's art law newsletter.

So, You Bought a Fake? Now What?
Fall 2009
Mari-Claudia Jiménez
Art & Advocacy
Mari-Claudia Jiménez authored the article "So, You Bought a Fake? Now What?" in Herrick's art law newsletter.

Private Bank Art Loans: The Risks of Non-Possessory Security Interests
Fall 2009
Stephen D. Brodie
Art & Advocacy
Steve Brodie authored the article "Private Bank Art Loans: The Risks of Non-Possessory Security Interests" in Herrick's art law newsletter.

Does the Garment District Have Clothes?
November 2, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

City Planning Celebrates 100 Rezonings
October 29, 2009
Jennifer Dickson
ZONE: Land Use and Environmental Blog

A Future for Barren Plazas?
October 28, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Corporate Quick Hit: “Say on Pay” Policy; Sarbanes-Oxley “Claw back” Enforcement Action; Enforcing Regulation FD; Duty of Loyalty Standard; New Exchange Rules for Breaking Erroneous Stock Trades; Life Settlement Securitization; Final Stage of Sarbanes-Oxley Act; Pending Bill: Fund Managers to Register as Investment Advisors
October 2009
Irwin A. Kishner, Daniel A. Etna

City Planning’s Rezoning of Sunset Park Faces Legal Challenge
October 27, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Secured Lenders Denied Right to Credit Bid
October 2009
Paul A. Rubin
Lending & Restructuring Alert

Herrick is assessing court ruling in Stuyvesant Town/Peter Cooper Village rent stabilization case
October 22, 2009
Real Estate Alert

New York High Court Rules in Stuy Town Case
October 22, 2009
Dennis Sughrue
ZONE: Land Use and Environmental Blog

Air Rights the Right Way
October 21, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

161st Street/River Avenue Rezoning
October 21, 2009
Richard Bass
ZONE: Land Use and Environmental Blog

Westchester’s Mt. Laurel? Affordable Housing Coming to a Suburb Near You
October 19, 2009
Richard Bass
ZONE: Land Use and Environmental Blog

Stalled Buildings Bill – Jumpstarted!
October 16, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

NYS Statutory Changes Mandate Written Notice of Pay Rate, Establish Discrimination Fines & Make Domestic Violence Victims a Protected Class
October 2009
Mara B. Levin, Carol M. Goodman
Employment Alert

Gotta Room? New Hotel Zoning Limits in the Works?
October 13, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Stalling for Time: ‘Stalled Buildings Bill’ Soon to be Law?
October 13, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

The 421-a Program: Market Based Changes
October 13, 2009
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Brownfield Programs - Coming to NYC!
October 13, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Carroll Gardens Rezoning: Second Round of Contextual Changes
October 13, 2009
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Corporate Alert: Court Rejects Rating Agencies’ Reliance on First Amendment Protection in Investment Collapse Suit; SEC Investor Advisory Committee Announces Formation of Subcommittees; Can a Company Sue a Director of Its Subsidiary for Wrongdoing?; SEC and CFTC Conduct Joint Meetings on Regulation Harmonization; SEC Proposes Ban on Flash Orders—Update
September 2009
Irwin A. Kishner, Edward B. Stevenson

Court Clarifies New York Law on Investor-Owned Life Insurance
September 2009
Elliott M. Kroll, Julius A. Rousseau, III
Insurance Alert

Reminder: Deadline for Filing Claims Against Lehman Brothers Debtors is September 22, 2009
September 2009
Lehman Alert

Final FDIC Regulations for Failed Bank Acquisitions: What's in Store for Private Equity Investors
September 2009
Richard M. Morris, Irwin A. Kishner, John A. Rogers Jr.
Private Equity Alert

The Most Significant Decision in a Real Estate Bankruptcy Case In Over a Decade: What it Means for You
September 2009
Paul A. Rubin, Andrew C. Gold
Lending & Restructuring Alert

Corporate Quick Hit: Directors Duties In a Sale of Control Transaction;“Flash Orders”; “Pay to Play” Practices by Investment Advisers; Division of Enforcement; First “Naked” Short Selling Enforcement Action; Advancement of Legal Expenses and Indemnification Rights; Recent Amendments to the Delaware General Corporation Law
August 2009
Irwin A. Kishner, Daniel A. Etna

Recent Amendments to the Delaware General Corporation Law
August 2009
Irwin A. Kishner, Daniel A. Etna

Avoiding Discrimination May Discriminate: A Warning for Employers
August 2009
Carol M. Goodman, Mara B. Levin
Employment Alert

Executive Compensation Plans –Time To Please Uncle Sam
August 2009
Richard M. Morris, Irwin A. Kishner
Compensation Alert

The Curious Case of Kazimir Malevich
Summer 2009
Mari-Claudia Jiménez
Art & Advocacy
Mari-Claudia Jiménez authored the article "The Curious Case of Kazimir Malevich" in Herrick's art law newsletter.

The June 2009 Prague Conference and Terezín Declaration: A New Beginning?
Summer 2009
Howard N. Spiegler
Art & Advocacy
Howard Spiegler authored the article "The June 2009 Prague Conference and Terezín Declaration: A New Beginning?" in Herrick's art law newsletter.

Corporate Alert: SEC Acts to Improve Corporate Governance and Enhance Investor Confidence; Federal Legislation Addresses “Say on Pay” and Compensation Committee Independence; Delaware Court of Chancery Penalizes LLC for Misdeeds of its Member; Supreme Court to Review Availability of ‘Class Action Arbitration’ Where Contract is Silent
July 2009
Irwin A. Kishner, Edward B. Stevenson

In NJ Workplace, Employee Emails With Counsel Outweigh Employers’ Computer Restrictions
July 2009
Barry Werbin, Mara B. Levin, Carol M. Goodman
Employment/Online Privacy Alert

The Private Fund Investment Advisers Registration Act of 2009
July 2009
Irwin M. Latner, Patrick D. Sweeney
Investment Advisor Alert

Warning to Banks: High Court Decision Turns New York Into the Ultimate Collection Forum for Judgment Creditors
July 2009
Paul A. Rubin, Barry Werbin
Lending & Restructuring Alert

Acquiring Sports Franchises in Bankruptcy—You Take the Bad With the Good
July 2009
Irwin A. Kishner, Paul A. Rubin
Sports and Entertainment Alert

Corporate Quick Hit: Credit Default Swaps; Change of Control Provisions in Indenture; Greater Rights to Nominate Directors; Interested Director Transactions Not Enforceable; Stricter Regulation on Investment Advisers; EU Seeks to Regulate Fund Managers; NYSE Reduces Market Capitalization Requirements
June 2009
Irwin A. Kishner, Daniel A. Etna

N.J. Remediation Process Revamped; Private Professionals Replace DEP On Investigation, Cleanup
June 2009
Lori G. Singer
Real Estate Alert

401(k) Plan Relief From Safe Harbor Contributions
June 2009
Fred R. Green, Gary Young, Irwin A. Kishner
ERISA Alert

General Growth Properties Challenges Secured Creditors’ Rights
June 2009
Stephen B. Selbst, Paul A. Rubin
Lending & Restructuring Alert

Update: Major New York City Zoning Map Changes
June 2009
Mark A. Levine, Mitchell Korbey, Richard Bass, Jennifer Dickson, Eldad Gothelf
Land Use and Zoning Alert

Non-U.S. Authors and Artists Lose U.S. Copyright Protection in Certain Circumstances
Spring 2009
Barry Werbin
Art & Advocacy
Barry Werbin authored the article "Non-U.S. Authors and Artists Lose U.S. Copyright Protection in Certain Circumstances" in Herrick's art law newsletter.

Art as Collateral
Spring 2009
Stephen D. Brodie
Art & Advocacy
Stephen Brodie authored the article "Art as Collateral" in Herrick's art law newsletter.

June 2009 in Prague: The Washington Holocaust Era Conference Revisited
Spring 2009
Lawrence M. Kaye
Art & Advocacy
Larry Kaye co-authored with Amalia Sax-Bolder the article "June 2009 in Prague: The Washington Holocaust Era Conference Revisited" in Herrick's art law newsletter.

Artist-Museum Partnership Act of 2009
Spring 2009
Michael H. Kessel
Art & Advocacy
Mike Kessel co-authored, with Eli Akhavan, the article "Artist-Museum Partnership Act of 2009" in Herrick's art law newsletter.

Potential Changes to Zoning Regulations for Hotel Uses
May 2009
Mitchell Korbey
Land Use & Zoning Alert

Corporate Alert: Fiduciary Duties of LLC Managers & Members Expanded, Delaware Legislature Rejects Chancery Court Denial of Advancement of Litigation Expenses, Senate Defeats Controversial "Cramdown" Provisions, FINRA Seeking Additional Disclosures
May 2009
Irwin A. Kishner, Edward B. Stevenson

Secured Lenders Beware: You May Not Be
May 2009
Paul A. Rubin, Gary Eisenberg
Bankruptcy Alert

Revised NYC Building Code to Include New Fire Safety and Layout Regulations; Submit Plans by July 1 to be Grandfathered
May 2009
Mitchell Korbey, Mark A. Levine
Land Use Alert

Ineffective UCC Termination Statements Pose a Danger to Lenders
May 2009
Stephen D. Brodie, Bruce Levine, Paul A. Rubin
Asset Based Lending Alert

Corporate Quick Hit: G-20 Announces Aim to Increase Oversight and Regulation of Hedge Funds; SEC Proposes Short-Selling Rules; Rules on Scope of Exculpation Clauses; Delaware Supreme Court Clarifies Applicability of Revlon Standard; SEC Issues Guidance on Competing Minority Slates of Director Nominees
April 2009
Irwin A. Kishner, Daniel A. Etna

Suspicious Activity and Currency Transaction Reports: Why Management at Financial Institutions Must Maintain Compliance Controls
April 2009
Stephen D. Brodie, Steven D. Feldman
Banking Alert

Tax Developments Affecting Debt Repurchases; Deferral of COD Income; Deferral of OID; Acceleration of Deferred COD Income and OID Deductions
April 14, 2009
Michael H. Kessel, John A. Rogers Jr.
Tax Update

Immediate Action Required to Comply With New COBRA Subsidy
April 2009
Irwin A. Kishner, Fred R. Green, Gary Young
ERISA Alert

Term Asset-Backed Securities Loan Facility
March 2009
Irwin A. Kishner, John A. Rogers Jr.
TALF Update

Corporate Alert: Delaware Court Rules on Director Liability for Subprime Credit Crisis Losses; When Is an MOA Binding and When Is It Merely an Agreement to Agree?; When to Cash It In; FINRA Proposes New Registration for Investment Banking Professionals
March 2009
Irwin A. Kishner, Edward B. Stevenson

Chapter 13 Legislation - Alarming Portent For Chapter 11?
March 2009
Paul A. Rubin, Gary Eisenberg
Lending & Restructuring Alert

Broad Whistleblower Protections Included Under the American Recovery and Reinvestment Act of 2009 for Employees of Stimulus Fund Recipients
March 2009
Mara B. Levin, Carol M. Goodman
Employment Alert

The New COBRA Rules and What Employers Need to Know to Comply
March 2009
Irwin A. Kishner, Fred R. Green, Gary Young
ERISA Alert

Corporate Quick Hit: Involuntary Insider, Fiduciary Duties, Oral Resignation, Merger Discussions, IRS Regulations, Failure of Closing Condition, Regulating Private Investment Funds, Compliance Period, “Penalty Pilot” Program
February 2009
Irwin A. Kishner, Daniel A. Etna

The SEC is Getting Tougher—What this Means to You
February 2009
Steven D. Feldman, Therese M. Doherty, Howard R. Elisofon
Securities Alert

Brooklyn and Bronx Supermarkets Can Take Advantage of New Zoning
February 2009
Mitchell Korbey
Land Use and Zoning Alert

Put Higher Density Zoning in New Jersey to Work for You
February 2009
COAH Alert

When Does a Lender Need a Reaffirmation From a Guarantor?
February 2009
Stephen D. Brodie, Paul A. Rubin
Lending & Restructuring Alert

NYC Puts Development Plans Online for Public Review and Comment
February 2009
Mark A. Levine, Mitchell Korbey
Land Use Alert

Abandoned Loan Bill Signed Into Law: Statute Grants Title to Certain Property in New York State Museums' Possession
Winter 2009
Frank K. Lord IV, Yael M. Weitz
Art & Advocacy
Frank Lord and Yael Weitz co-authored the article "Abandoned Loan Bill Signed Into Law: Statute Grants Title to Certain Property in New York State Museums' Possesion" in Herrick's art law newsletter.

New Bill Regarding Resale Royalties for Artists
Winter 2009
Darlene B. Fairman
Art & Advocacy
Darlene Fairman authored the article "New Bill Regarding Resale Royalties for Artists" in Herrick's art law newsletter.

New Guidelines for the Acquisition of Archaeological Materials of Ancient Art
Winter 2009
Darlene B. Fairman
Art & Advocacy
Darlene Fairman authored the article "New Guidelines for the Acquisition of Archaeological Materials of Ancient Art" in Herrick's art law newsletter.

Goudstikker Exhibition at the Jewish Museum
Winter 2009
Frank K. Lord IV
Art & Advocacy
Frank Lord authored the article "Goudstikker Exhibition at the Jewish Museum" in Herrick's art law newsletter.

Whose Art Is It Anyway?
Winter 2009
Mari-Claudia Jiménez
Art & Advocacy
Mari-Claudia Jiménez authored the article "Whose Art Is It Anyway?" in Herrick's art law newsletter.

Artworks and 1031 Exchanges: Taking Advantage of the "1031 Exchange" to Minimize and Defer Taxes Upon the Sale of Artworks
Witner 2009
Michael H. Kessel
Art & Advocacy
Michael Kessel and Eli Akhavan co-authored the article "Artworks and 1031 Exchanges: Taking Advantage of the "1031 Exchange" to Minimize and Defer Taxes Upon the Sale of Artworks" in Herrick's art law newsletter.

Ledbetter Fair Pay Act Becomes Law; Law Extends Period in Which Attorneys Can Allege Discriminatory Compensation
January 30, 2009
Mara B. Levin, Carol M. Goodman
Employment Alert

Corporate Alert: Liability for Misinformation; Delaware Chancery Court Denied Indemnification Claim, Distinguishing Between a Promise and a Condition; Importance of Compliance in"Market Turmoil;" E-Proxy Rules Now Effective
January 2009
Irwin A. Kishner, Edward B. Stevenson

NY Eases Late Notice Rules; Insureds Should Still Act Promptly
January 2009
Elliott M. Kroll, Julius A. Rousseau, III
Insurance Alert

The New York WARN Act: How does it affect your company?
January 2009
Mara B. Levin, Carol M. Goodman
Employment Update

Madoff Victims Who Redeemed Face More Pain: Beware the Clawback
January 2009
Howard R. Elisofon, John Oleske
Herrick, Feinstein LLP
Herrick attorneys keep you updated on the latest news in the Madoff scandal.

Corporate Quick Hit: Bear Stearns Acquisition, Bond Default Claim, Adoption of International Financial Reporting Standards, Credit for Extraordinary Cooperation, Rules on Credit-Rating Firms, Partnership Debt-for-Equity Exchanges
December 2008
Irwin A. Kishner, Daniel A. Etna

Are There Any Alternatives to Layoffs?
December 2008
Mara B. Levin, Carol M. Goodman, Gary Young
Employment Update

Financial Fraud is on the Rise. Are You Prepared?
December 2008
Richard M. Morris, Irwin A. Kishner
Herrick, Feinstein LLP
Herrick attorneys alert you to the latest news in financial fraud.

Is Your Company Troubled? Deepening Insolvency is Down, But Not Out.
December 2008
Paul A. Rubin, Stephen B. Selbst
Lending & Restructuring Alert

Lessons From TAG for Commercial Tenants in New York: If Your Policies Exclude Terrorism Coverage, Buy Back the Coverage or Pay the Consequences
December 2008
Elliott M. Kroll, Julius A. Rousseau, III
Insurance Alert

Corporate Alert: Statute of Frauds; Expand Net Operating Loss Carry-Forward; FinCEN Withdraws Certain Anti-Money Laundering Rule Proposals; Tax Break to Banks
November 2008
Edward B. Stevenson, Irwin A. Kishner

Market Disaster Clauses: Not Just for Eurodollars Any More
November 2008
Stephen D. Brodie, Bruce Levine, Paul A. Rubin
Lending & Restructuring Alert

Corporate Quick Hit: Material Adverse Effect Clause; Offshore Fund Deferrals; Suspension of Continued Listing Requirements; SEC "Naked" Short Selling Antifraud Rule; Credit Default Swaps; Policy Statement on Equity Investments
October 2008
Irwin A. Kishner, Daniel A. Etna

The Bank May Fail. What Should I Do About Its Letter of Credit?
October 2008
Andrew C. Gold
Banking Crisis Alert

Rumor Has It That the Federal Enforcement Authorities Are Interested in What You Have to Say. When Do Rumors Become Criminal?
October 2008
Irwin M. Latner, Steven D. Feldman, Aismara J. Abreu
Securities Law & White Collar Alert

Treasury Announces Plan to Invest in Banks
October 15, 2008
Stephen B. Selbst
Credit Crisis Update

Compliance for Section 409A is December 31, 2008
October 2008
Irwin A. Kishner, Fred R. Green, Gary Young
Compensation Alert

What The Emergency Economic Stabilization Act of 2008 Can Mean To You
October 2008
Stephen B. Selbst
Credit Crisis Update

Insureds 2, Carriers 0 In Recent Significant Coverage Disputes Decided By The Supreme Court Of Texas
October 2008
Julius A. Rousseau, III, Elliott M. Kroll
Insurance Alert

Corporate Alert: NYSE and NASDAQ Modify Independent Director Tests; Guidance on the Use of Company Websites; "Roadmap" for Global Accounting Standards; Coca-Cola's $2.4 Billion Chinese Gamble
September 2008
Edward B. Stevenson, Irwin A. Kishner

Advice on Defaulted Loans
September 2008
Paul A. Rubin, Raymond N. Hannigan
Lending & Restructuring Alert

The Watchmen Case: Buying Rights From a Middleman can be Risky Business
September 2008
Entertainment Alert

Proposed Treasury Bill to Purchase Troubled Assets - What it Says and What it Means to You
September 2008
Stephen B. Selbst
Credit Crisis Update

Financial Crisis Spurs Need for Timely ERISA Compliance Review
September 2008
Gary Young
ERISA Alert

New York Landlords Must Disclose Indoor Air Contamination
September 2008
Lori G. Singer
Environmental Alert

FBI Expands Its Corporate Fraud Investigations in Response to Recent Chaos in the Financial Markets
September 2008
Steven D. Feldman, David M. Rosenfield
Securities Law & White Collar Alert

Statute Changes New Jersey Law on Affordable Housing; Rulemaking Still Needs to Catch Up
August 2008
Land Use Alert

Corporate Quick Hit: Non-Competition Agreements; Corporate Scienter in Securities Fraud Cases; Limited Liability Company Agreements; Decision Effects Future Mergers; New Jersey Supreme Court Extends Law Against Discrimination
August 2008
Irwin A. Kishner, Daniel A. Etna

An Insurer's Failure to Notify Insured of Right to Independent Counsel Could Constitute a Deceptive Business Practice Under New York General Business Law §349
August 2008
Elliott M. Kroll, Julius A. Rousseau, III
Insurance Alert

New York State Legislature Passes a Bill Reversing New York’s “No Prejudice” Rule
July 2008
Elliott M. Kroll, Julius A. Rousseau, III
Insurance Alert

Corporate Alert: Analyzing LLC Interests as Securities; Restrictive Employee Stock Purchase Plan; SEC Issues New Guidance on Form 8-K and Forms 4 and 5; Proposed Reform of Credit Rating Agencies Regulation
July 2008
Edward B. Stevenson, Irwin A. Kishner

The reopening of the New York State Brownfield Cleanup Program
July 2008
Lori G. Singer
Environmental Alert

Supreme Court: Transfer Tax Exemption Applies Only to Post-Confirmation Transfers
July 2008
Paul A. Rubin, Stephen D. Brodie
Lending & Restructuring Alert

Fantasy Sports Game Operators: They’ve Got Game
June 2008
Irwin A. Kishner, Matthew Pace
Sports and Entertainment Alert

Corporate Quick Hit: Stealth Proxy Contest Tactics; Fantasy Baseball Leagues; Denied Advancement of Litigation Expenses; Refusal to Enjoin Merger Vote; Resolve Ambiguities in Advance; Disclosure of Beneficial Ownership
June 2008
Irwin A. Kishner, Daniel A. Etna

Corporate Alert: Registered Audit Firm Independence and Audit Committee Communication; Stock Option Grants Scrutinized; Retroactive S Corporation Elections; Wide Latitude in Parallel SEC and DOJ Proceedings
May 2008
Edward B. Stevenson, Irwin A. Kishner

Pre-Judgment Appointment of a Receiver for an Operating Company: Borrower's Consent Makes a Difference
May 2008
Paul A. Rubin, Stephen D. Brodie
Lending & Restructuring Alert

Two Key Current Money Laundering Issues for Banks
April 2008
David M. Rosenfield
Financial Institutions Alert

Corporate Quick Hit: Modify Employment Agreement; Derivative Claim Standing; Limits to Judicial Review of Arbitration Awards; IBM's Suspension; WARN Act; New Jersey Expands Discrimination Law; Proposed Listing Standards
April 2008
Irwin A. Kishner, Daniel A. Etna

New York Insureds Entitled to Consequential Damages
April 2008
Arthur G. Jakoby
Title Insurance Alert

Corporate Alert: Significant Change to Compensation Deduction Under Section 16(m); Employer Liable for Overtime Wages Even If Not Authorized by Employer; U.S. Government Accountability Office Releases Hedge Fund Report
March 2008
Irwin A. Kishner, Edward B. Stevenson, Carol M. Goodman, Mara B. Levin

Identity Theft Program Requirements Under the Fair and Accurate Credit Transactions Act
March 2008
David M. Rosenfield
Financial Institutions Alert

Intercreditor Battle: "X-Clause" Interpreted Against Subordinated Noteholders
March 2008
Paul A. Rubin
Lending & Restructuring Alert

Corporate Quick Hit: PIPE Transactions; LLC Derivate Suits; Stealth Proxy Contests; "Best Efforts" Clauses; Foreign Investments in U.S. on the Rise; Hart-Scott-Rodino Thresholds; Investment Advisors must Post Full Details on Web
February 2008
Irwin A. Kishner, Daniel A. Etna

U.S. Supreme Court's decision in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
January 2008
Arthur G. Jakoby, Howard R. Elisofon
Securities Alert

Corporate Alert: New SEC Online Tool, New Exemptions from Exchange Act Registration, "Forthright Negotiator Principle" of Contract Interpretation, Board Meeting Formalities Are Requisite
January 2008
Edward B. Stevenson, Irwin A. Kishner

The Sopranos Litigation Makes The Case For Following Best Practices
January 2008
Entertainment Alert

Beware: Assignments of Economic Interests May Be Prohibited
January 2008
Paul A. Rubin, Stephen D. Brodie
Lending & Restructuring Alert

Corporate Quick Hit: Commission salesmen, Internal controls, Material adverse effect clauses, Internal projections, Investors' directors,Attorney-client privilege, Foreign companies/U.S. accounting, Electronic shareholder forums, Mutual funds
December 2007
Irwin A. Kishner, Daniel A. Etna

Corporate Alert: NASD Rule Governs Fairness Opinions, N.J. Helps Small and Mid-Sized Technology and Biotechnology Companies Raise Capital, SEC Simplifies Disclosure and Reporting Requirements, WARN Act
November 2007
Edward B. Stevenson, Irwin A. Kishner

Federal Court Dismisses Foreclosure Actions After Loan Servicer-- Fails to Prove Ownership of Loan Documents
November 2007
Paul A. Rubin, Raymond N. Hannigan
Lending & Restructuring Alert

Corporate Quick Hit: Fraudulent Inducement and Breach of Warranty, Stock Options in Cash Mergers, Valuing Employee Stock Options, Section 409A, Fair Value in Public Markets, Liability of Service Providers, Whistleblower Act, Transgender Discrimination, Nursing Mothers in the Workplace Act, FINRA
October 2007
Irwin A. Kishner, Daniel A. Etna

Delaware Supreme Court Rejects Deepening Insolvency Claims & Lender Left to Suffer the Consequences of Identity Theft
September 2007
Paul A. Rubin
Lending & Restructuring Alert

Corporate Alert: Forum Selection Provisions in Contracts, Online Contract Modification, Clock Ticking for Business Entities to Make "Pay-to-Play" Disclosures, Nonqualified Deferred Compensation Deadline Extended
September 2007
Edward B. Stevenson, Irwin A. Kishner

Corporate Quick Hit: SEC Proposes Revisions to Regulation D and Rule 144, and Alternative Rules on "Proxy Access;" Standard of Legal Review Proposed for Merger Vote Postponements; Conditions on Advancement of Expenses; Antifraud Rule Protects Hedge Fund Investors
August 2007
Irwin A. Kishner, Daniel A. Etna

Corporate Alert: Amendments to General Corporation Law, Proposed Increased Tax on Carried Interests, Manufacturers Dictate Retail Prices, New Rule on Accounting Standards
July 2007
Edward B. Stevenson, Irwin A. Kishner

Senior Lender Permitted to Vote Claim of Subordinated Lender in Bankruptcy
Summer 2007
Paul A. Rubin
Lending & Restructuring Alert

IRS Issues Final 409A Regulations for Non-Qualified Deferred Compensation Arrangements
July 2007
Irwin A. Kishner, Fred R. Green
ERISA Alert

Corporate Quick Hit: "Zone of Insolvency," LBO Structure, What's the Market Worth?, Regulation of Financial Services, Rights of Patent Holders, Underwriting Activity Immune From Antitrust Challenge, Music Downloads are not "Public Performances", Guidance on "Covered Employees"
June 2007
Irwin A. Kishner, Daniel A. Etna

Corporate Alert: Tortious Interference OR the Right to Solicit Business, Delaware Chancery Court Grants Jurisdiction Over Derivative Claims by LLC Members Seeking Damages, Good News for Creditors with Standing in New York
May 2007
Edward B. Stevenson, Irwin A. Kishner

Hedge Funds Win an Important Round in the Ad Hoc Committee Disclosure Battles
May 2007
Paul A. Rubin
Lending & Restructuring Alert

Corporate Quick Hit: Breach of Duty in Seeking Private Equity Buyers, Exchange Act, Bonuses Subject to "Entire Fairness" Scrutiny, Rule Pertaining to Broker-Dealers is Vacated, Auditors Liable for Securities Law Violations, No D&O Coverage for Settlement Amounts Representing Misappropriated Funds
April 2007
Irwin A. Kishner, Daniel A. Etna

ESOPs Bring Tax and Financing Benefits to Family Businesses
April 2007
Fred R. Green
Trusts & Estates Alert

The Anna Nicole Saga: A Wake-Up Call
March 2007
Paul R. Herman
Trusts and Estates Alert

Federal and State Medicaid Reforms
March 2007
Health Care Alert

Corporate Alert: Shareholder Advisory Vote Bill, Standard for Director Liability in Oversight Cases, Debt of Cybersquatter Non-Dischargeable in Bankruptcy, MP3 Patent Infringement Case Could Have Industry-Wide Impact
March 2007
Edward B. Stevenson, Irwin A. Kishner

Bankruptcy Judge Orders Hedge Funds and Other Investors Participating in Ad Hoc Committee to Disclose Sensitive Trading Information
March 2007
Paul A. Rubin
Lending & Restructuring Alert

Lender Loses Skirmish in Make-Whole Premium Fight
February 2007
Paul A. Rubin
Lending & Restructuring Alert

Corporate Quick Hit: LLC Minority Investor Rights, Stock Option Backdating and "Spring-Loading," Drugmakers have Greater Right to Challenge Patents, Duty of Care of Independent Director Committees, Shareholder Derivative Lawsuits, Hart-Scott-Rodino Act
February 2007
Irwin A. Kishner, Daniel A. Etna

Corporate Alert: SEC Amends Executive Compensation Disclosure Requirements, Delaware Asserts Spirit of Common Law Over Letter of SEC Regulations, Electronic Discovery
January 2007
Edward B. Stevenson, Irwin A. Kishner

Corporate Quick Hit - Special Edition: Hedge Fund Regulation and More: The SEC Tries Again
January 2007
Patrick D. Sweeney, Irwin A. Kishner, Irwin M. Latner

Corporate Quick Hit: SOX Requirements, Use of Options for Compensation Purposes, SEC Amends Tender Offer Best-Price Rules, Definition of "Accredited Investor", Exchange Act, NASD Issues Guidance On Gift-Giving Rules
December 2006
Irwin A. Kishner, Daniel A. Etna

Protect Yourself Against Inaccurate Compliance Certificates
December 2006
Paul A. Rubin
Lending & Restructuring Alert

Corporate Alert: New Jersey Corporate Business Tax Imposed on Out-of-State Company, Grasso Retirement Package Ruled Breach of Fiduciary Duty, SEC Broadens Category of "Eligible Portfolio Companies" that BDCs May Invest In, Dissention Not Enough for Judicial Dissolution of Partnership
November 2006
Edward B. Stevenson, Irwin A. Kishner

Be Sure To Reserve Your Rights When You Settle With Only One Obligor
October 2006
Paul A. Rubin
Lending & Restructuring Alert

Corporate Quick Hit: Costly Comma, New York Publication Requirements, Stockholder Activist Tactic, Proxy Access Reform, Employee Benefit Plan, Hewlett Packard May Have Violated Disclosure Rules, Deferred Compensation Tax Rules, Union Membership
October 2006
Irwin A. Kishner, Daniel A. Etna

Corporate Alert: New York Division of Tax Appeals affirms bulk sale purchaser's liability, International adoption of anti-bribery laws requires, Auditors in New Jersey face potential new exposure to negligence claims
September 2006
Edward B. Stevenson, Irwin A. Kishner

Corporate Alert - Special Edition: Major Pension Reform Becomes Law
September 2006
Fred R. Green, Irwin A. Kishner, Irwin M. Latner, Patrick D. Sweeney

Update on Deepening Insolvency
August 2006
Paul A. Rubin
Lending & Restructuring Alert

New Fantasy Baseball Ruling May Impact Database Practices Generally
August 2006
Irwin A. Kishner, Barry Werbin
IP, Sports & Entertainment Alert

Corporate Quick Hit: Expansion of Successor Liability for Purchasers in Asset Sales is Rejected, New Executive Compensation Disclosure Rules, Majority Voting Standard for Election of Directors, FederalCourt Strikes Down State Mandated Health Benefits Law
August 2006
Irwin A. Kishner, Daniel A. Etna

Corporate Alert: Hedge Fund Rule Struck Down by Court of Appeals
July 2006
Irwin M. Latner, Patrick D. Sweeney

Corporate Quick Hit: Pre-2002 Retroactive Stock Option Strike Prices Attracting Regulatory Enforcement Attention
June 2006
Irwin A. Kishner

Provisions in Loan Commitment Preclude Borrower’s Fraud Claims
June 2006
Paul A. Rubin
Lending & Restructuring Alert

Corporate Quick Hit - Special Edition: Modified Amendment of New York’s Publication Requirements for Limited Liability Companies and Limited Partnerships Goes into Effect
June 2006
Irwin A. Kishner, Patrick D. Sweeney, Irwin M. Latner, Benjamin F. Kursman

Bankruptcy Court in New Jersey Restricts Lender’s Interest Rate
May 2006
Andrew C. Gold
Bankruptcy Alert

Corporate Alert: Consequences of Exerting Too Much Control Under the Hart-Scott-Rodino Act, Court Holds Purchase of Unknown Quantity of Shares Was Not Short-Swing Trading, Is Perfection by Filing Enough?
May 2006
Edward B. Stevenson, Irwin A. Kishner

Grandfathering Under Revised Article 9 is About to Expire - Are You Ready?
April 2006
Paul A. Rubin, Stephen D. Brodie
Lending & Restructuring Alert

Corporate Quick Hit: Termination of Certain Representations in Private M&A Deals, Long-Standing Antritrust Tying Rule Overturned, U.S. Supreme Court Affirms Long-Standing Joint Venture Pricing Presumption, BlackBerry Manufacturer Avoids Shutdown
April 2006
Irwin A. Kishner, Daniel A. Etna

Bank Must Honor Cashier's Checks and Wire Transfers
December 2005
Paul A. Rubin
Lending & Restructuring Alert

Issue 2: The Bankruptcy Code Amendments: Ramifications for Lenders
June 2005
Paul A. Rubin
Lending & Restructuring Alert

Federal Tax Liens: Superlien? No. First in Time, First in Right? Not exactly.
April 2005
Andrew C. Gold, Stephen D. Brodie
Lending & Restructuring Alert

Amendments to the Bankruptcy Code Affect Business Bankruptcies
May 2005
Paul A. Rubin
Lending & Restructuring Alert

Liability for Refusing to Deliver an Assignment of Mortgage?
February 2005
Paul A. Rubin
Lending & Restructuring Alert

Location, Location, Location: When is the Bankruptcy Transfer and Recording Tax Exemption Available
December 2004
Paul A. Rubin
Lending & Restructuring Alert

Good Fences, Good Neighbors: The Lender and its Investment Banking Affiliate
October 2004
Paul A. Rubin
Lending & Restructuring Alert

A Participant Has More Rights Than You Might Think
September 2004
Paul A. Rubin
Lending & Restructuring Alert

Second Lien Lending: The Big Picture
June 2004
Paul A. Rubin, Stephen D. Brodie
Lending & Restructuring Alert

It Pays To Read Your Syndication Agreement Very Carefully
April 2004
Paul A. Rubin
Lending & Restructuring Alert

Yield Maintenance Premium Upheld In Bankruptcy
February 2004
Paul A. Rubin
Lending & Restructuring Alert

Deepening Insolvency: A New Headache for Lenders
December 2003
Paul A. Rubin
Lending & Restructuring Alert

Warehouse Lender Avoids Equitable Subordination
October 2003
Paul A. Rubin
Lending & Restructuring Alert

May a Lender Collect Late Charges Together with Default Rate Interest?
August 2003
Paul A. Rubin, Scott T. Tross
Lending & Restructuring Alert

Debtor's Request to Use Cash Collateral Blocked at Outset of Case
June 2003
Paul A. Rubin, Scott T. Tross
Lending & Restructuring Alert

Don't Lose Your Consolation Claim
April 2003
Paul A. Rubin, Andrew C. Gold, Scott T. Tross
Lending & Restructuring Alert

Strict Reading of Letter of Credit Costs Bank Over $70 Million
February 2003
Paul A. Rubin, Andrew C. Gold
Lending & Restructuring Alert

Due Diligence: What You Learn Before You Lend May Put You at Risk
December 2002
Paul A. Rubin, Scott T. Tross, Andrew C. Gold
Lending & Restructuring Alert

Corporate Fraud Brings Heightened Risk of Lender Liability
October 2002
Paul A. Rubin, Andrew C. Gold
Lending & Restructuring Alert

Bank Not Liable on Commitment Letter
August 2002
Paul A. Rubin, Andrew C. Gold
Lending & Restructuring Alert

Divided Court Holds That Guarantor Was Not Relieved of Liability By Subsequent Modification of the Underlying Note
June 2002
Andrew C. Gold, Paul A. Rubin, Scott T. Tross
Lending & Restructuring Alert

NY Federal Court Limits Requirement on Creditor to Collect
April 2002
Paul A. Rubin, Andrew C. Gold
Lending & Restructuring Alert

No Good Deed Goes Unpunished: Creditor May Recover Against Party Not Liable on the Debt
February 2002
Paul A. Rubin, Andrew C. Gold
Lending & Restructuring Alert