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Cover Me in Fraud: Delaware Supreme Court Finds Fraud Is Insurable

The Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable in Delaware.  This consequential decision, RSUI Indemnity Company v. Murdock, 2021 BL 76083 (Del. Mar. 3, 2021), is inconsistent with the public policy of many other states, and likely will have an immediate effect on Delaware-based corporations involved in…

Client Alerts | March 15, 2021 | Commercial and Corporate Litigation | Risk Management

IBOR Transition – IBA Announces Plan For Key USD LIBOR Tenors Beyond 2021

The ICE Benchmark Administration (“IBA”) announced earlier this week that it will consult on its intention to extend publication of the overnight and one-, three-, six-, and 12-month USD LIBOR rates until June 30, 2023. The June 2023 extension, however, applies only to legacy contracts—no new USD LIBOR contracts will be permitted after 2021.1 The…

Client Alerts | December 3, 2020 | Commercial and Corporate Litigation | Derivatives | Hedge Funds | Risk Management

Kleinberg Kaplan Recognized by U.S. News – Best Lawyers® in “Best Law Firms” 2021 Rankings

Premier boutique law firm Kleinberg Kaplan has been recognized in U.S. News & World Report’s 2021 edition of “Best Law Firms” for providing outstanding legal counsel in two practice areas: Trusts & Estates and Commercial Litigation. Kleinberg Kaplan was named both a National (Tier 2) and New York City Metropolitan (Tier 1) firm for Trusts…

Firm News | November 5, 2020 | Estate Planning and Administration | Commercial and Corporate Litigation

Go West! Delaware Forum Selection Clause Nullified by California Constitution

On July 29, 2020, the Superior Court of California, County of Los Angeles, handed down a decision with potentially great significance to parties to contracts with Delaware forum selection clauses. West v. Access Control Related Enterprises, LLC In 2017, plaintiff William West (“West”) sued his former employer, Access Control Related Enterprises, LLC (“ACRE”) in California,…

Client Alerts | September 3, 2020 | Commercial and Corporate Litigation | Employment Litigation

Kleinberg Kaplan Partner Marc Rosen featured in Board Agenda

Kleinberg Kaplan partner Marc Rosen was recently published in Board Agenda. His article #MeToo Continues: Why Sexual Harassment Is a Growing Litigation Risk discusses how corporations and their officers and directors can get embroiled in compliance-related, securities fraud cases by motivated investors trying to capitalize on the #MeToo movement. As Rosen states, these litigants contend…

Firm News | July 15, 2020 | Risk Management | Commercial and Corporate Litigation | Employment Litigation

#MeToo Breaks New Ground for Corporate Liability Under Federal Securities Laws

The legal landscape has changed dramatically since the commencement of the #MeToo movement. Companies’ potential exposure to employment law liability has significantly increased, but now employment claims are not the only ones requiring the attention of the corporate world. A new ground for liability against corporations and their high-level executives has emerged under the federal securities…

Client Alerts | June 17, 2020 | Risk Management | Commercial and Corporate Litigation | Employment Litigation

Trademark Infringers Beware: Willful Infringement No Longer a Requirement for Damages

The U.S. Supreme Court recently settled a long-standing split among the federal appeals courts concerning whether a plaintiff alleging trademark infringement under the Lanham Act must first demonstrate the defendant acted willfully in order to recover a disgorgement of profits. Justice Gorsuch, writing for the Court, rejected Second Circuit authority and held that mens rea, or…

Client Alerts | June 2, 2020 | Commercial and Corporate Litigation

The Force May Be With You: COVID-19 and Force Majeure Provisions

COVID-19 has caused major disruption to businesses, commerce and the financial markets. With the CDC and WHO projecting that the coronavirus is only in its early stages in the United States, businesses and individuals may feel the burden of the effects of COVID-19 for the foreseeable future. As the flow of goods and services continues…

Client Alerts | March 31, 2020 | Securities and Corporate Finance | Commercial and Corporate Litigation

Kleinberg Kaplan Adds Maya Cater as Partner to Litigation Group

Premier boutique law firm Kleinberg Kaplan has announced that Maya D. Cater has joined the firm as a partner in its Litigation Practice. She arrives from Quinn Emanuel. Ms. Cater has extensive experience representing clients in the financial services sector, including private investment funds, in commercial disputes. She represents both financial and corporate clients on matters involving collateralized debt…

Firm News | January 21, 2020 | Commercial and Corporate Litigation