Judith A Archer

June 17, 2021 | New York Law Journal

In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases that have provided additional insight into the application of the requirements for seeking common law indemnification.

By Thomas J. Hall and Judith A. Archer

9 minute read

April 15, 2021 | New York Law Journal

In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss a recent decision that put litigants on notice that their duty to cure inadvertent disclosure may require promptly moving for a protective order even where, upon learning of the inadvertent production, they repeatedly demanded that opposing counsel return the privileged the documents and cease any use thereof.

By Thomas J. Hall and Judith A. Archer

9 minute read

December 17, 2020 | New York Law Journal

In their Commercial Division Update, Thomas J. Hall and Judith A. Archer write that where COVID-based arguments have been raised, the results are not particularly surprising in light of well-developed New York law, including for the criteria to establish impossibility of performance, frustration of purpose or other contractual excuse.

By Thomas J. Hall and Judith A. Archer

9 minute read

October 15, 2020 | New York Law Journal

In this column, Commercial Division Update writers Thomas J. Hall and Judith A. Archer examine the role of reliance or inducement when pleading a sufficiently close relationship in an unjust enrichment claim.

By Thomas J. Hall and Judith A. Archer

9 minute read

August 20, 2020 | New York Law Journal

In their Commercial Division Update, Thomas J. Hall and Judith A. Archer indicate that the Commercial Division continues to exercise great caution to avoid unnecessary disclosure of tax returns, including by ordering in camera inspection to determine whether they should be produced.

By Thomas J. Hall and Judith A. Archer

8 minute read

April 16, 2020 | New York Law Journal

In their Commercial Division Update, Thomas Hall and Judith Archer discuss the "mere continuation" doctrine as one exception to the general rule in New York that the liabilities of a selling business do not travel to the acquirer.

By Thomas J. Hall and Judith A. Archer

10 minute read

February 20, 2020 | New York Law Journal

While a claim of conversion has grown to extend beyond tangible property to keep up with computerized use, courts are still grappling with how far to extend the tort. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer explore the expansion of conversion claims to cover intangible property.

By Thomas J. Hall and Judith A. Archer

10 minute read

December 19, 2019 | New York Law Journal

Following Court of Appeals precedent, the Commercial Division has consistently maintained the narrow scope of the adverse interest exception to the in pari delicto defense. In a recent reversal of a Commercial Division decision, however, the First Department signaled a widening of the adverse interest exception. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss the decision and its background.

By Thomas J. Hall and Judith A. Archer

9 minute read

October 17, 2019 | New York Law Journal

In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss mandatory preliminary injunctions. Although rare, recent Commercial Division cases show that such injunctions may be granted under extraordinary circumstances where affirmative action is needed to maintain the status quo pending final judgment.

By Thomas J. Hall and Judith A. Archer

8 minute read

August 15, 2019 | New York Law Journal

It is common for defendants facing parallel securities class actions in New York state court and federal court to seek a stay of the state proceedings. Historically, New York state courts have readily deferred to their federal counterparts, agreeing to stay the state action pending the outcome of the federal action. Two recent Commercial Division cases, however, suggest this approach may be changing, increasing the risk that securities defendants will face active, concurrent litigation in both state and federal court. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer explore these recent developments.

By Thomas J. Hall and Judith A. Archer

8 minute read