Lara Flath

August 10, 2022 | New York Law Journal

In this article, Lara Flath and Judy Flumenbaum discuss New York courts' treatment of the tension between a "good faith limitation on the exercise of a contract right" and "using the implied covenant of good faith to create new duties that negate explicit rights under a contract." They explore the degree to which courts have permitted good faith and fair dealing claims independent of breach of contract claims.

By Lara Flath and Judy Flumenbaum

6 minute read

June 17, 2022 | New York Law Journal

The full impact of the First Department's decision, on both the issue of the loss sharing provision as well as the requirement that the purported agreement be final as opposed to an agreement to agree, remains to be seen, but perhaps signals a shift from a more rigid consideration of these two elements under New York law.

By Lara Flath and Thania Charmani

7 minute read

April 13, 2022 | New York Law Journal

In 'Word of God Fellowship v. Vimeo', the First Department dismissed claims of breach of contract and unjust enrichment, holding that an Internet service provider's good faith decision to remove content that it considers objectionable is immune from liability under §230(c)(1) of the Communications Decency Act.

By Lara Flath and Thania Charmani

8 minute read

February 09, 2022 | New York Law Journal

This article discusses a recent holding that diverges from the well-established principle that arms-length transactions generally do not create fiduciary obligations and arguably raises the bar for fiduciaries by expanding the scope of liability stemming from transactions that would ordinarily be shielded from scrutiny.

By Lara Flath and Thania Charmani

6 minute read