June 18, 2021 | New York Law Journal
Key Legal Considerations in Obtaining and Defending Against 'Yellowstone' InjunctionsThe 'Yellowstone' injunction tolls a tenant's time to cure an alleged default while the tenant pursues a legal determination as to whether cure is in fact required under the terms of the lease. This article provides an overview of the key legal considerations in obtaining or defending against a 'Yellowstone' injunction.
By Muhammad U. Faridi, Jacqueline L. Bonneau, Wolete Moko and Nadav D. Ben-Zur
9 minute read
August 19, 2020 | New York Law Journal
Commercial Division Sees Uptick, Followed by Flattening in Case FilingsA discussion of the uptick in case filings and comparison to the number of cases filed over similar recent time periods. The authors analyze the types of cases filed during this time and discuss why this uptick may have occurred, as well as what we can expect to see in the coming months.
By Stephen P. Younger, Muhammad U. Faridi, Alvin Li and Eric Barnosky
8 minute read
June 25, 2018 | New York Law Journal
Unfair Competition, Trade Secrets Damages Limited to Plaintiff's Losses Under NY LawIn E.J. Brooks Co. v. Cambridge Security Seals, No. 26, 2018 BL 157167 (N.Y. May 3, 2018), a divided New York Court of Appeals announced—over a lively dissent—that compensatory damages for misappropriation of trade secrets and unfair competition are limited to the plaintiff's own losses, and may not include the development costs avoided by defendants.
By Muhammad U. Faridi and A. Robert Quirk
10 minute read
December 18, 2017 | New York Law Journal
First and Second Departments Split on What Is Considered 'Documentary Evidence'Jordan M. Engelhardt and Muhammad U. Faridi write: The CPLR does not define the phrase “documentary evidence.” Commentators on the CPLR have attempted to fill the void by offering their own take on the issue. And the First and Second Departments have split on whether certain types of paper qualify as “documentary evidence.”
By Jordan M. Engelhardt and Muhammad U. Faridi
13 minute read
March 29, 2017 | New York Law Journal
Court Dismisses Claim Against Chinese Firm Due to Lack of Personal JurisdictionBenjamin F. Jackson and Muhammad U. Faridi analyze 'Lantau Holdings v. Orient Equal International Grp.,' in which a Commercial Division judge weighed allegations that one of China's largest securities businesses never told a New York lender that shares of equity pledged as collateral by several defendant-borrowers were subject to a lock-up period. Despite the Chinese business' New York-based subsidiary, the court said it lacked personal jurisdiction, and that even if it had jurisdiction, the misrepresentation claims could not stand.
By Benjamin F. Jackson and Muhammad U. Faridi
19 minute read
February 06, 2017 | New York Law Journal
Court Confirms Hedge Funds Did Not Act in Bad Faith, Affirms Large JudgmentStephen P. Younger, Muhammad U. Faridi and Gabriela Bersuder discuss a recent First Department decision with potentially broad implications for participants in the credit default swap market.
By Stephen P. Younger, Muhammad U. Faridi and Gabriela Bersuder
26 minute read
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