In Vidal v. Elster, Case No. 22-704 (slip op.) (June 13, 2024), the U.S. Supreme Court issued its third decision in the last seven years addressing whether the Lanham Act (the federal trademark law) violates the First Amendment. Previously the Court found that the Act’s restriction on disparaging trademarks and immoral or scandalous trademarks violated the First Amendment. Here, by contrast, […]
Legal disputes often turn on simple disputes over the meaning of words. Latin named canons of construction have been a bedrock of lawyer training for centuries; but, these rules are imperfect, situational, and rely on human judgment regarding language and (sometimes) extrinsic evidence. So, leave it to Wallace Stevens—the great American poet and insurance lawyer—to point
Can AI Be Used to Resolve Textual Ambiguity in Court Cases? Read More »
With increasing regulatory, political and investor focus on climate change and sustainability, it comes as no surprise that the sustainability-linked loan (SLL) has been readily gaining recognition in the world of financing since the first green bond bloomed in 2007. But what exactly is an SLL and will it really make a difference to global
Introduction to Sustainability-Linked Loans Read More »
In a recent case, Stephenson Harwood’s M&A Litigation team successfully dismissed claims brought by a seller concerning allegations that the buyer caused over $11 million in damages related to breaches of certain post-closing covenants with respect to an earnout provision.[1] The New York Supreme Court’s decision reminds buyers and sellers that New York courts will not
In September 2024, the US Department of Justice (“DOJ”) announced changes in how it evaluates corporate compliance programs. [1] Of particular note, the DOJ expects compliance departments to use data analytics to strengthen their compliance programs, and to ensure that whistleblowing and self-reporting of employee misconduct are encouraged. These changes, and the others set forth
On 18 September 2024, the U.K. Supreme Court handed down judgment in UniCredit Bank GmbH (Respondent) v. RusChemAlliance LLC (Appellant) [2024] UKSC 30, explaining its decision on 23 April 2024 that RusChemAlliance (RCA) must discontinue Russian litigation it had commenced seeking recovery under on-demand bonds issued by UniCredit Bank GmbH (UniCredit). In January 2024, RCA sought permission to
My Word Is My Bond: Russian Energy Company Must Arbitrate Against German Bank in Paris Read More »
