George Bundy Smith

February 18, 2011 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review a recent ruling in a case involving failed mortgage-backed securities that held admissible expert testimony of statistical sampling, the use of which can significantly ease the proof required of a plaintiff at trial.

By George Bundy Smith and Thomas J. Hall

15 minute read

December 17, 2010 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall of Chadbourne & Parke write that a recent decision by the Kings County Commercial Division reinforces the venerable New York principle that waiver is a creature of intent, and will not be imposed without a strong showing that the waiving party so intended.

By George Bundy Smith and Thomas J. Hall

12 minute read

December 07, 2006 | New York Law Journal

George Bundy Smith, a former associate judge of the New York Court of Appeals, shares thoughts on the role of the bench in democracy he delivered after being honored by the Brooklyn Bar Association at its annual dinner on Dec. 4, 2006.

By George Bundy Smith

3 minute read

October 30, 2008 | New York Law Journal

George Bundy Smith, a partner with Chadbourne & Parke and a former associate judge on the New York Court of Appeals, and Thomas J. Hall, a partner at the firm, write that, not surprisingly, urgent weekend TRO applications can bring to the surface issues that are infrequently encountered. But, they also note that a new protocol protocol from Chief Administrative Judge Ann Pfau is a very positive step towards alleviating the difficulties counsel face in seeking emergency relief when the courthouse is closed, though pitfalls remain.

By George Bundy Smith and Thomas J. Hall

15 minute read

August 20, 2010 | New York Law Journal

In their Commercial Division Update column, George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, write that a recent decisions demonstrates Hooper's continuing impact on the application of indemnification clauses to inter-party disputes. The surest way to avoid such disputes, they say, is for transactional counsel to address the issue head-on when negotiating contracts.

By George Bundy Smith and Thomas J. Hall

13 minute read

October 29, 2009 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review two recent opinions by justices of New York's Commercial Division on employers' motions for preliminary injunctions to enforce restrictive covenants against former sales employees, decisions that demonstrate both the close scrutiny that such covenants receive and the willingness of the courts, in appropriate circumstances, to limit their scope to protect employees. These decisions also illustrate the differing frameworks that courts may apply when analyzing whether a restrictive covenant serves a legitimate employer interest.

By George Bundy Smith and Thomas J. Hall

14 minute read

February 19, 2010 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review recent decisions that demonstrate that New York courts are generally loath to recognize the existence of a fiduciary duty where the relationship of the parties is in the nature of an arm's length business transaction without more.

By George Bundy Smith and Thomas J. Hall

9 minute read