Michael Mix

July 31, 2024 | Legaltech News

Entering into a settlement agreement where one party makes a payment denominated in cryptocurrency raises a host of questions that a careful lawyer must evaluate.

By Michael Mix, Morrison Cohen

8 minute read

November 16, 2022 | Legaltech News

CPLR 3213 allows for summary judgment in lieu of a complaint when payments of money are involved. The New York courts have yet to decide whether this can apply to payments of cryptocurrency.

By Michael Mix and Vani Upadhyaya, Morrison Cohen LLP

5 minute read

October 05, 2022 | New York Law Journal

Can a New York court enter a judgment in cryptocurrency without converting it to U.S. dollars? The answer is far from clear.

By Michael Mix and Jason Gottlieb

8 minute read

July 08, 2020 | New York Law Journal

After being forced to wait for the New York State Courts to reopen, parties flood the court with litigation concerning transactions that failed to close before the COVID-19 pandemic.

By Michael Mix and Jason Gottlieb

7 minute read

March 09, 2020 | New York Law Journal

Parties should scrutinize their existing contracts to see if those contracts include a force majeure clause and to see whether coronavirus is a force majeure event.

By David B. Saxe and Michael Mix

7 minute read

January 13, 2020 | New York Law Journal

Complaints often assert a breach of contract cause of action that is framed by a fraudulent inducement cause of action. The purpose of this piece is to point out the difficulties presented when the practitioner attempts to plead both claims concurrently.

By David B. Saxe and Michael Mix

10 minute read

August 20, 2018 | New York Law Journal

Plaintiffs Ambac Assurance Corp. and others (collectively, Ambac), an insurer, sought to use contractual remedies other than the sole remedies clause in connection with its claim that defendants Countrywide Home Loans, Inc. and others, (collectively, Countrywide) breached various representations and warranties contained in the insurance and indemnity agreements (the I&I agreements) between the parties.

By David B. Saxe, Danielle C. Lesser and Michael Mix

8 minute read

December 30, 2016 | New York Law Journal

Jason P. Gottlieb and Michael Mix, of Morrison Cohen, write: New York state law requires an out-of-state corporation doing business in New York to register with the Secretary of State. For years, New York courts held that such registration constituted "consent" to personal jurisdiction in New York for all purposes. However, since the U.S. Supreme Court's landmark 2014 decision in 'Daimler AG v. Bauman', which severely restricted the paradigm forums in which a corporation is subject to general jurisdiction, New York courts have disagreed regarding whether the doctrine of consent by registration survives 'Daimler'. New York law has become confused, and clarity is needed for plaintiffs and defendants alike.

By Jason P. Gottlieb and Michael Mix

17 minute read

March 30, 2015 | New York Law Journal

Jason Gottlieb and Michael Mix of Curtis, Mallet-Prevost, Colt & Mosle review guidance on arbitrator challenge procedures and standards, explore whether there is any way for challenge decisions to be made available to the public, and discuss potential abuses of the arbitration selection process.

By Jason Gottlieb and Michael Mix

13 minute read

March 27, 2015 | New York Law Journal

Jason Gottlieb and Michael Mix of Curtis, Mallet-Prevost, Colt & Mosle review guidance on arbitrator challenge procedures and standards, explore whether there is any way for challenge decisions to be made available to the public, and discuss potential abuses of the arbitration selection process.

By Jason Gottlieb and Michael Mix

13 minute read