George Bundy Smith

December 20, 2013 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, discuss recent decisions that have provided guidance on the application of the actual knowledge and substantial assistance requirements when bringing a claim for aiding and abetting a breach of fiduciary duty.

By George Bundy Smith and Thomas J. Hall

14 minute read

December 16, 2011 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, write that, reflecting a fundamental difference between approving ongoing contractual performance and exercising the right to end a contract, some Commercial Division decisions appear less willing to allow any good faith obligation to interfere with a termination right, even going so far as to find that there is no enforceable expectation that a counter-party will exercise its discretion to terminate in good faith.

By George Bundy Smith and Thomas J. Hall

12 minute read

June 15, 2012 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS and a former associate judge on the New York Court of Appeals, and Thomas J. Hall, a partner with Chadbourne & Parke, write that courts around the country are split as to whether the Convention's Article 10(a) permits service of process by mail in international civil actions, and New York courts are no exception.

By George Bundy Smith and Thomas J. Hall

11 minute read

August 16, 2013 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, discuss recent Commercial Division decisions that have addressed the impact the 'Assured Guaranty' decision has had on Martin Act preemption defenses.

By George Bundy Smith and Thomas J. Hall

11 minute read

December 20, 2012 | New York Law Journal

In their Commercial Division Update, George Bundy Smithm an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner at Chadbourne & Parke, write that courts limit the remedy of reformation to three situations: (1) scrivener's error, or an inadvertent mistake in reducing the agreement to writing, (2) mutual mistake of fact, and (3) unilateral mistake of fact induced by the fraud of the counterparty.

By George Bundy Smith and Thomas J. Hall

11 minute read

June 28, 2013 | Commercial Litigation Insider

New York courts have long characterized a preliminary injunction as a "drastic remedy," and are sparing about the instances in which it may be granted. A party seeking a preliminary injunction must establish, by clear and convincing evidence, (1) a likelihood of success on the merits; (2) irreparable harm absent a preliminary injunction; and (3) a balance of equities tipping in the moving party's favor. Economic loss, compensable by money damages, does not constitute irreparable harm.

By George Bundy Smith and Thomas J. Hall

11 minute read

April 20, 2012 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, review recent cases showing that the trend in cases over involuntary contracts is that unless the situation presents a clear threat to the free will of the allegedly coerced party and truly inadequate alternatives, a court is unlikely to find economic duress.

By George Bundy Smith and Thomas J. Hall

15 minute read

October 21, 2011 | New York Law Journal

In their Commercial Division Update, Chadbourne & Parke partners George Bundy Smith and Thomas J. Hall examine the history of the frustration of purpose doctrine, which can be an incredibly powerful tool against a breach of contract claim, and review recent decisions out of the Commercial Division that apply it to a variety of fact settings.

By George Bundy Smith and Thomas J. Hall

9 minute read

June 28, 2013 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that longstanding appellate precedent holds that the threat of destruction of a business if a preliminary injunction is not granted can constitute irreparable harm not compensable by money damages

By George Bundy Smith and Thomas J. Hall

11 minute read

February 15, 2013 | New York Law Journal

In their Commercial Division Update, George George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that recent decisions highlight the distinction the courts make between claims for tortious interference with contract and tortious interference with business relations.

By George Bundy Smith and Thomas J. Hall

10 minute read