Insights

New York – December 21, 2021: Crain’s New York Business named Crowell & Moring partners Sarah Gilbert & Jennifer Grady to its annual Notable Women in Law feature.  Nominees are assessed for exceptional professional achievements, pro bono work or involvement in community organizations, and demonstrated leadership.

Washington – October 31, 2017: Crowell & Moring LLP is pleased to announce that Super Lawyers has recognized 79 firm lawyers as leaders in their field in Southern California, Northern California, New York, and Washington, D.C. The firm’s lawyers listed below were named in Super Lawyers 2017, the Super Lawyers 2017 "Rising Stars" Edition or the Super Lawyers 2017 Women’s Edition. Lawyers were identified through a peer nomination process and listed by respective practice areas for which they were selected.

With first calendar quarter earnings set to be released by issuers in the coming weeks, Securities and Exchange Commission (SEC) Chairman Jay Clayton and the SEC’s Director of the Division of Corporation Finance, William Hinman, issued a public statement on April 8, 2020, encouraging issuers to provide meaningful forward-looking disclosures regarding the impact of COVID-19 in their upcoming earnings releases and on calls with analysts and investors. This follows on the heels of the March 25, 2020 release of Disclosure Guidance Topic No. 9 by the Division of Corporation Finance, which provides its current views regarding disclosure and other securities law obligations that issuers should consider with respect to the COVID-19 pandemic and related business and market disruptions. 

A series of Supreme Court decisions in the past decade has generally limited the exercise of general jurisdiction over a corporation to its place of incorporation and its principal place of business.1 The Supreme Court has, however, indicated that in an exceptional circumstance a corporation could be subject to general jurisdiction where it was not incorporated and did not have its principal place of business if its contacts with the state were so continuous and systematic that the corporation was essentially at home in the foreign jurisdiction. While courts and parties have struggled to define an “exceptional circumstance,” the Fifth Circuit recently provided guidance on what would not constitute an exceptional circumstance. The Fifth Circuit held that targeted advertising into a state would not confer general jurisdiction over a corporation unless that corporation’s “affiliations with the forum state . . . approximate physical presence.”2

As high-stakes class action lawsuits multiply, the standard playbook for defending against them may no longer work. A revised strategy involves some key departures from the traditional approach.

Agreements are a key aspect of any business relationship, but what happens when the parties no longer agree? Preparing for that contingency when drafting agreements can make all the difference. Should you include mediation provisions, or focus on jurisdiction and venue provisions for litigation as your exclusive means for resolving a dispute? Understanding the strategic goals of a business relationship can help you decide on the most advantageous way to resolve any disputes that arise and ensure that important customer and supplier relationships continue for the long-term success of your business.