CMM Legal Blog

Reflecting on Justice Kavanaugh’s Confirmation Hearings and the History of Politics in Supreme Court Nominations

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: November 20th, 2018

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The political drama surrounding Justice Kavanaugh’s confirmation captivated the public this fall. Across the country, people were glued to their screens watching the proceedings. But why? Fierce ideological debates and even allegations of sexual assault are not new to confirmation hearings. Throughout history, confirmation hearings have involved sexual assault allegations (Justice Thomas) and ideological disagreements […]

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A Costly Mistake: The Dangers of Cybersecurity in M&A Transactions

By: Christine Malafi, Esq.

Posted: November 9th, 2018

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With major data and security breaches consistently making headlines, a thorough investigation of a target company’s security practices is critical to a buyer’s decision to purchase a company. Areas of examination include operational assets, financial data, legal matters, strategic planning, and employee information. Such assessments help potential buyers manage and alleviate risk, liability, and exposure […]

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Representations and Warranties in M&A Transactions

By: Vincent Costa, Esq.

Posted: November 9th, 2018

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In the world of M&A, each party to a purchase agreement makes certain representations and warranties that serve to allocate risk between the parties and provide a basis for post-closing indemnification obligations. Although often used interchangeably, there are functional differences between a representation and a warranty. A representation is an assertion of past or existing […]

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Businesses Beware: “Boilerplate” Language in Contracts Not So Boilerplate

By: Don Rassiger, Esq.

Posted: November 6th, 2018

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“Choice-of-law” provisions, identifying which state’s laws a contract will be interpreted under, are almost universally found in contract “boilerplate.” Businesspeople anxious to get deals done typically focus their attention on the up-front-and-center contractual provisions detailing the terms of the deal, not the boilerplate language concerning jurisdiction, venue, choice-of-law, and other unexciting provisions stuck in at […]

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In a Blow to Government, Second Circuit Curtails Extraterritorial Reach of FCPA

By: Justin Ryu, Esq.

Posted: October 18th, 2018

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In a recent decision with implications for the extraterritorial reach of the Foreign Corrupt Practices Act (FCPA), the U.S. Court of Appeals for the Second Circuit held in United States v. Hoskins that foreign nationals who cannot be convicted as principals under the FCPA cannot be held liable for conspiring to violate, or aiding and […]

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College Kids Are Adults: Take Care of These Documents Before Heading to Campus

By: Martin Glass, Esq.

Posted: September 21st, 2018

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The summer before my oldest went off to college, we all went for an orientation weekend. While there, he went off and did his thing and my wife and I went off and did ours. In one of our parent orientation seminars we were reminded that, now that our son was 18, he is officially […]

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New York State Wage Requirements for Interns

By: Christine Malafi, Esq.

Posted: September 4th, 2018

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Summer may be over, but if your office is like mine, interns are a welcome presence year-round. Hiring interns can be a mutually beneficial experience for both the employer and the intern. Interns develop hands-on experience in a field they are interested in pursuing, and a company gets a fresh take on things from the […]

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Partial Enforcement Language in a Non-Compete Agreement Does Not Guarantee Partial Enforcement

By: Jeff Basso, Esq.

Posted: August 22nd, 2018

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A standard provision typically included in non-compete agreements is a “partial enforceability” provision that gives the Court the power to modify or “blue pencil” the terms of the agreement if the Court finds the restrictive covenant to be overly broad. For example, if a Court finds that a non-compete provision restricting an employee from working […]

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You Can’t Have Your Cake and Travel Ban Too: Reconciling Religious Animus in Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trump v. Hawaii

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: August 13th, 2018

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What do a baker and the President of the United States have in common? After reading two of the most highly anticipated opinions of the October 2017 term, Masterpiece Cakeshop v. Colorado Civil Rights Commission and Trump v. Hawaii, some might say the ability to restrict access based on religion. In these opinions, the Court […]

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New York Court Issues Minority Shareholder-Friendly Decision in Controlling Stockholder Merger

By: Justin Ryu, Esq.

Posted: July 17th, 2018

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In a decision that could make New York a more attractive venue for shareholders of Delaware-incorporated companies, a New York trial court recently permitted a class action suit challenging a corporation’s acquisition by its controlling stockholder to proceed. The decision signals to Delaware entities that New York courts may be less likely to defer to controlling […]

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