Articles Archive

Chartering Your Corporation's Course: Reducing Litigation Risk When Amending a Corporate Charter With Multiple ‘Classes’ of Stock
NYSBA Inside
November 2023
Privilege, Waiver, and Good Faith: False Claims Act Defense After Schutte
NYSBA Inside
November 2023
Scraping the Surface of Trade Secrets: Data Scraping and Artificial Intelligence
NYSBA Inside
November 2023
Taking an important case to trial: jury research
The In-House Lawyer
Fall 2023
Navigating Creditor-On-Creditor Violence: Lessons From The Revlon & Serta Cases
Journal of Corporate Renewal
November 2023
NY Court of Appeals Sharply Curtails Application of the ‘Economic Loss Rule’ in Commercial Litigation
NYLitigator
October 13, 2023
Application Of Defend Trade Secrets Act Continues To Vary
Law360
September 22, 2023
Lessons From High-Profile Witness Tampering Allegations
Law360
September 6, 2023
Fraudulent Conveyance Choice of Law: New York Is Not All Uniform Just Yet
ABA Business Torts & Unfair Competition Journal
August 31, 2023
Trends Emerge In High Court's Criminal Law Decisions
Law360
August 8, 2023
Investigating While Under Investigation: Protecting Privilege and Confidentiality in Internal Investigations
Corporate Counsel
July 19, 2023
In Antitrust Cases, Recent DOJ Losses Don’t Tell the Whole Story
AmLaw Litigation Daily
July 13, 2023
Book Review: Business and Commercial Litigation in Federal Courts
Today's General Counsel
July 2023
SuperValu & the False Claims Act’s Common-Law Roots
The National Law Journal
June 22, 2023
Agency Power and Adjudication: The Government Seeks Supreme Court Review of Jarkesy v. SEC
Hedge Fund Law Report
June 8, 2023
Preparing to Prepare to Mediate
The Circuit Rider
May 2023
Trump Indictment Tests Congress’s Role in State Investigations
Bloomberg Law
May 18, 2023
Parties Will Face Barriers Challenging Trade Secret Sanctions
Law360
May 17, 2023
International Fraud & Asset Tracing 2023
Chambers & Partners
May 4, 2023
New DOJ policy adds choice and complexity to the decision to self-report
Financier Worldwide
May 2023
Taking an Important Case to Trial
Disputes Yearbook
Spring 2023
AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust
Law360
April 13, 2023
Casting a Worldwide Net: How Litigation Funders Can Leverage Europe’s New Unified Patent Court
Litigation Finance Journal
March 14, 2023
Trump Docs Investigation Has Lessons For White Collar Attys
Law360
March 7, 2023
Chevron Still Has Power (For Now): The DC Circuit Defers to FERC in Recent Ruling
The National Law Journal
February 21, 2023
The Secret to Success with Trade Secrets – 5 Factors That Litigation Funders Should Consider When Evaluating Trade Secrets Cases
Litigation Finance Journal
February 14, 2023
What to Expect From the Select Subcommittee on the Weaponization of the Federal Government
The National Law Journal
January 19, 2023
High Court Case Could Have Systemwide Impact On Venue
Law360
January 17, 2023
‘Virtue Signaling Is Not Enough’: A Debate Over an ABA Model Rule Highlights Persistent Harassment Challenges in Law
The National Law Journal
November 16, 2022
A New Focus: Consequences of the Midterm Elections on Congress' Investigative Agenda
The National Law Journal
November 14, 2022
Liu Is Dead, Long Live Liu: Spartan and Disgorgement After the NDAA
Hedge Fund Law Report
October 20, 2022
False Claims Act Action Starts Against PPP Lenders
Bloomberg Law
October 7, 2022
Supreme Court Primed to Further Narrow Application of Wire and Mail Fraud Statutes in Corruption Cases
Corporate LiveWire's 2022 Fraud & White Collar Crime Expert Guide
September 16, 2022
Immediate Appeals in Foreign Sovereign Litigation
Transnational Litigation Blog
August 24, 2022
How Innovators Can Combat Patent Infringement Using Litigation Funding
Bloomberg Law
August 4, 2022
A Jury of Your Peers: Fifth Circuit Ruling in Jarkesy v. SEC Broadly Expands the Right to a Jury Trial for SEC Actions
Hedge Fund Law Report
July 21, 2022
Trade Secrets and State Sovereign Immunity
The National Law Journal
June 17, 2022
Litigation Leaders: The Founders of MoloLamken on the Firm’s ‘Brains and Brass Knuckles’ Litigation Approach
The American Lawyer
May 31, 2022
How I Made Partner
Law.com
May 27, 2022
Into the Breach: How to Prepare for and Respond to Corporate Leaks
Bloomberg Law
May 24, 2022
Lawdragon interviews Justin Shur
Lawdragon
May 16, 2022
International Fraud & Asset Tracing 2022
Chambers and Partners
May 3, 2022
Aerojet Rocketdyne Cybersecurity Trial Could Be DOJ Bellweather
Bloomberg Law
April 22, 2022
The New Antitrust
Disputes Yearbook 2022
April 22, 2022
5th Circuit Raises Bar for Introducing Historical Snapshots of Websites Into Evidence
The National Law Journal
April 6, 2022
Jam v. IFC: Secondary Liability in Transnational Disputes
Transnational Litigation Blog
April 5, 2022
A Better Guard for the Henhouse: Should Creditors’ Committees Control Estate Litigation?
Yale Journal on Regulation
April 1, 2022
Appraising the Unknown: How Courts Calculate Theft of Trade Secret Damages
Corporate Disputes
Spring 2022
The Paradox of Diversity, Equity, and Inclusion Work
The Federal Lawyer
Winter 2022
Lawdragon interviews Steven Molo
Lawdragon
January 31, 2022
The New Whistleblower Program AML Professionals Should Know
ACAMS Today
September 3, 2021
Just How Long Is the Long Arm of U.S. Jurisdiction?
Bloomberg Law
August 4, 2021
New Tools for Old Targets: Anti-Corruption Enforcement by the United States Under the Biden Administration
International Bar Association
August 3, 2021
The SPAC Explosion Poses Litigation Risk
Corporate Disputes Magazine
July 2021
How Fund Managers Can Handle Insider Trading Risks After U.S. v. Chow
Hedge Fund Law Report
June 24, 2021
MoloLamken Suit Claims New SEC Rule ‘Guts’ Shareholder Proposals
The National Law Journal
June 16, 2021
Breaking Up Is Hard to Do: A Guide to Types of Litigation That Frequently Follow Broken Deals and Associated Risks
Private Equity Law Report
May 11, 2021
SCOTUS Ends the FTC’s Section 13(b) Enforcement Program
The National Law Journal
May 10, 2021
Looking Forward: Congressional Investigations & Oversight in the 117th Congress
Younger Lawyers Division of the Federal Bar Association
Spring 2021
The Antitrust Challenge to Big Tech
Legal Business Disputes Yearbook 2021
April 30, 2021
International Fraud & Asset Tracing 2021
Chambers and Partners
April 30, 2021
Justices to Resolve Circuit Split on Availability of Domestic Discovery for Use in Private Foreign Arbitrations
The National Law Journal
April 16, 2021
In the Hot Seat: Tips for Corporate Executives Testifying Before Congress
Corporate Counsel
April 15, 2021
The Quick Short Squeeze: Legal Issues Surrounding the GameStop Trading Frenzy
Corporate Disputes Magazine
April 2021
Diving Into the Supreme Court’s Latest Class Action Challenge
The National Law Journal
March 18, 2021
Making Partner in a Pandemic: MoloLamken’s Sara E. Margolis
Bloomberg Law
March 15, 2021
4th Circ. Opens Door To New Private Merger Enforcement Era
Law360
March 9, 2021
New York’s Latest Experiment in Antitrust Law
New York Law Journal
March 1, 2021
Recent Amendments to the Securities Exchange Act Pose New Risks for Private Fund Managers
Hedge Fund Law Report
February 25, 2021
The ABA Blessed Remote Work. Here’s How to Navigate Those Rules.
The National Law Journal
February 11, 2021
Arbitration Agreements and Governing Law
New York State Bar Association
February 4, 2021
An Antitrust Law Update Looms in President Biden’s First Term
The National Law Journal
January 27, 2021
The Importance of Purpose in Avoiding Unintentional Waiver of the Attorney-Client Privilege
Corporate Disputes
January 2021
Five Ways Associates Can Adapt Their Practices During the Pandemic
Vault
November 12, 2020
Key Issues In Potential High Court Fraudulent Transfer Case
Law360
October 23, 2020
Protecting In-House Lawyers’ Communications: Attorney-Client Privilege, Attorney Work Product, and Best Practices for In-House Counsel
Chicago Bar Association
September 22, 2020
Five Considerations If Your Client Faces Extradition
IBA Criminal Law Committee Newsletter
September 11, 2020
How Credit Card Fee Antitrust Cases Fare In UK Versus US
Law360
September 9, 2020
Drafting and Issuing Discovery Subpoenas: Illinois
Thomson Reuters Practical Law
August 19, 2020
Can Courts Exercise Jurisdiction Over Out-of-State Class Members?
The National Law Journal
July 24, 2020
Increased Forum Shopping For US Discovery Likely After Guo
Law360
July 22, 2020
NY High Court Case Could Upend Litigation Finance Industry
Law360
July 14, 2020
Provisional Remedies: Illinois
Thomson Reuters Practical Law
June 26, 2020
United States: Force Majeure
The Legal 500: Force Majeure Country Comparative Guide
June 25, 2020
Will the COVID-19 Pandemic Trigger Force Majeure Clauses?
The Legal 500: Force Majeure Country Comparative Guide
June 24, 2020
4th Circ. Seems Leery Of Divestiture Order In Doormaker Case
Law360
June 1, 2020
When CARES Act Aid Triggers Criminal Liability
The National Law Journal
June 1, 2020
Emerging Lawyers: Gerald Meyer
Emerging Lawyers Magazine
May 1, 2020
How To Obtain Section 1782 Discovery: A Step-by-Step Guide
International Bar Association: International Litigation News
May 2020
A Closer Look At Fed. Circ. Ruling on PTAB Joinder
Law360
April 30, 2020
Managing an extreme corporate crisis: lessons from Rolls-Royce
International Financial Law Review
April 22, 2020
False Claims Act Litigation Will Follow the Stimulus Package. Here's How to Avoid It.
The National Law Journal
April 5, 2020
Antitrust Rules Still Apply during COVID-19
Law360
March 27, 2020
Latin American Disputes and Developments
Legal Business Disputes Yearbook 2020
March 27, 2020
Courts Face Controversy Over Uninjured Antitrust Class Members
National Law Journal
February 27, 2020
Clerkships Never Get Old: Why the Federal Clerk Hiring Plan Benefits Recent Grads
National Law Journal
February 20, 2020
‘Hodge’ Brings Circuits into Alignment on Mortgage Fraud Claims
National Law Journal
October 21, 2019
Lawyer Limelight: Eric Posner on Joining MoloLamken
Lawdragon
October 3, 2019
Playing the Long Game: Client Development Strategies for Young Lawyers
National Law Journal
September 10, 2019
The Trump Row Aside, Here’s How Subpoena Recipients Can Respond Effectively
National Law Journal
August 27, 2019
Congressional Subpoenas: If the President Can’t Resist Them, Who Can?
National Law Journal
August 20, 2019
US V. Craig And The Criminalization Of Nondisclosure
Law360
August 12, 2019
Door Maker Merger Case May Transform Behavioral Remedies
Law360
August 2, 2019
Garza v. Idaho: Preserving the Client’s Choice to Appeal
The Champion
June 2019
App Store Opinion Returns Antitrust Enforcement To Its Roots
Law360
May 29, 2019
What Antitrust Attys Need To Know About Labor Monopsony
Law360
May 24, 2019
The Anti-monopoly Backlash Reaches the Supreme Court
The Atlantic
May 15, 2019
The Coming of Age in Arbitration in Africa
Legal Business Disputes Yearbook 2019
May 15, 2019
Keep Increasing Pressure Against Noncompetes
Law360
May 7, 2019
How Broad Is “Scheme” Liability Under Rule 10b-5 Following Lorenzo v. SEC?
American Bar Association
April 5, 2019
An American Lawyer in Queen Elizabeth’s Court: How NACDL Highlighted the International Consequences of an English Court Case
NACDL
March 26, 2019
The U.S. Supreme Court Case That Could Significantly Expand Civil Liability under the Federal Securities Laws
American Bar Association
March 6, 2019
The Little Known Third Option of FIRREA and FIAFEA
ACAMS Today
March 2019
Making the Most of Pro Bono Opportunities: Building a Litigation Practice
American Bar Association
January 1, 2019
Prosecutors Avoid 5th Amendment Showdown In Libor Case
Law360
October 26, 2018
Welcome Shores for Arbitral Awards?
Legal Business Disputes Yearbook 2018
May 17, 2018
AI Creates Legal Challenges For The Fashion Industry
Law360
April 25, 2018
The Justices' Divergent Views On Class Action Tolling
Law360
March 30, 2018
Metaphysical Questions After TC Heartland
Law360
March 19, 2018
In New York, A Trust Beneficiary Has Powerful Rights
Law360
January 23, 2018
High Court Considers Upending Patent Damages
Law360
January 23, 2018
'Patent Dance' Ruling Means Sponsors Must Plan Ahead
Law360
December 20, 2017
Revisiting The FCA Public Disclosure Bar, Post-Bellevue
Law360
December 18, 2017
Lessons I’ve Learned As a Young Woman Lawyer
New York Law Journal
September 14, 2017
How the SEC May Circumvent the Five-Year Statute of Limitations on Disgorgement Under Kokesh v. SEC
The Hedge Fund Law Report
July 20, 2017
Bravo-Fernandez: Did The Court Incentivize Overcharging?
Law360
December 7, 2016
Does the False Claims Act Permit Suits for 'Implied False Certification'?
Corporate Counsel
April 18, 2016
The SEC's Pay to Play Rule Is Here to Stay: Tips for Hedge Fund Managers to Avoid Litigation
The Hedge Fund Law Report
October 8, 2015
NFL Objection to Class Counsel's Motion for Preliminary Approval
July 1, 2014
Hiding in Plain Sight: Managing FCPA Risks Associated with Third Parties
The National Law Journal
April 2014
Calling the Feds: A Trump Card for Trade Secret Owners
The National Law Journal
April 2014
Trials: Direct Examination’s 12-Minute Rule
The National Law Journal
April 2014
Amending FRCP Rule 37(e) on Electronically Stored Information: You Spoke, They Listened
The National Law Journal
April 2014
Virtual Round Table: Litigation & Dispute Resolution 2014
Corporate LiveWire
February 2014
Round Table: Fraud & White Collar Crime 2014
Corporate LiveWire
January 2014
The Impact of Predictive Coding on the Legal Profession
The Bencher - The Magazine of the American Inns of Court
January 2014
Health Care False Statement Statute: Lessons From 2013
Law360
December 2013
Opting Out Of A Class Action
Today's General Counsel
Fall 2013
A New Chapter in the Debate over the 'Stealth Statute'
Law360
July 2013
How Private Fund Managers Can Manage FCPA Risks When Investing in Emerging Markets
The FCPA Report
January 2013
Sanctions Beyond Rule 11
The Circuit Rider
December 2012
Interview with Judge Diane P. Wood
The Circuit Rider
December 2012
On Choosing Cases
The Circuit Rider
December 2012
Brady Summaries and the Obligation to Disclose Favorable Evidence
American Bar Association
Fall 2012
Social Media: A Danger to Company IP
Law360
May 29, 2012
Corporate Criminal Liability FAQs
Legal OnRamp
April 2012
Political Intelligence Firms and the STOCK Act: How Hedge Fund Managers Can Avoid Potential Pitfalls
The Hedge Fund Law Report
April 5, 2012
Local Jurisdiction over Foreign Companies
Executive Counsel
February 2012
Confrontation at a Crossroads: Crawford's Seven-Year Itch, 6 Charleston L. Rev. 49 (2011)
6 Charleston Law Review 49
Fall 2011
Petitioning for a Writ of Certiorari FAQs
Legal OnRamp
May 2011

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