George Bundy Smith

June 15, 2017 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: When a claimant commences arbitration, an initial focus may be to ensure that the arbitral award ultimately will be enforceable. CPLR §7502(c) provides an arbitral party the means of achieving this, petitioning the court for preliminary injunctions or orders of attachment in aid of arbitration. Despite the relative paucity of recent cases, there has been a recent shift as to how some applications under §7502(c) are resolved.

By George Bundy Smith and Thomas J. Hall

8 minute read

April 20, 2017 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: Reacting to the rapid expansion of digital transactions, the Commercial Division has creatively interpreted New York's long-arm statute when considering a party's digital presence in New York. While a defendant's digital communications may now be a plaintiff's ticket to access New York courts, the Commercial Division may not permit a plaintiff to take advantage of this interpretation as a means to manufacture jurisdiction.

By George Bundy Smith and Thomas J. Hall

21 minute read

February 16, 2017 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall discuss how courts in the Commercial Division recently have applied the doctrine of continuing breach—where a contract imposes a duty of continuing performance over a period of time, "each successive breach may begin the statute of limitations running anew"—illustrating the doctrine's scope.

By George Bundy Smith and Thomas J. Hall

17 minute read

December 15, 2016 | New York Law Journal

In their Commercial Division Update column, George Bundy Smith and Thomas J. Hall discuss the grounds under which non-parties to a contract may enforce or be bound by a forum selection clause, and review 'Gottwald v. Sebert', a New York County Commercial Division case addressing the well-publicized contentious dispute between the popular recording artist Kesha and her former producer "Dr. Luke." The column also reviews other recent Commercial Division cases that address and clarify the standards for applying these exceptions.

By George Bundy Smith and Thomas J. Hall

17 minute read

October 20, 2016 | New York Law Journal

Commercial Division Update columnists George Bundy Smith and Thoms J. Hall discuss spoliation and recent Commercial Division cases clarifying the scope of a litigant's duty in the electronic discovery context and the sanctions imposed for a failure to preserve electronically stored information.

By George Bundy Smith and Thoms J. Hall

18 minute read

August 18, 2016 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: In the traditional context involving trade secrets and confidential customer lists, properly drafted non-competes are viewed as protecting employers' legitimate interests and promoting economic development. When abused, however, employee mobility is stifled and commerce suffers. In New York, case law in this area is well-developed, with post-employment restrictions generally disfavored.

By George Bundy Smith and Thomas J. Hall

26 minute read

June 17, 2016 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: In light of the significant impact conditions precedent clauses can have, New York courts generally are strict in construing whether a contractual provision constitutes such a condition. When ambiguity creeps into the language, efforts to convince the court to construe it as a condition precedent may fail regardless of the availability of parol evidence, as several recent decisions demonstrate.

By George Bundy Smith and Thomas J. Hall

25 minute read

April 15, 2016 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: Parties to negotiations over commercial contracts unfortunately may discover, after the deal closes, that aspects of the transaction are not as expected. Contractual representations and warranties usually are included to protect against these risks. But what if, in addition to breaches of contractual representations and warranties in the contract, the buyer feels it was outright defrauded during the negotiations?

By George Bundy Smith and Thomas J. Hall

27 minute read

February 19, 2016 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: Considerable uncertainty remains in New York courts over the proper scope of Section 487 and whether it is limited to judicial actions, and also whether it is limited to proceedings within the State of New York. While the statute's history, text and legislative intent provide guidance, conflicting viewpoints often result as to its proper scope.

By George Bundy Smith and Thomas J. Hall

11 minute read

December 18, 2015 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write: Several Commercial Division cases make clear that at times a non-existent corporation can be deemed to exist, and thus possess the legal capacity to contract and bring suit on that contract, pursuant to the common law doctrine of incorporation by estoppel.

By George Bundy Smith and Thomas J. Hall

11 minute read