Thomas J Hall

October 15, 2010 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall of Chadbourne & Parke write that a recent line of cases reinforces the principle that the New York statute of frauds generally will not bar enforcement of an oral joint venture agreement where the joint venture is terminable at will.

By George Bundy Smith and Thomas J. Hall

11 minute read

February 29, 2008 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke LLP, write that though Stoneridge represents a victory for corporate advisors, it is likely to result in a significant increase in the number of scheme liability claims based on state law theories. While establishing liability under one of these state law theories is hardly impossible, significant obstacles place a heavy burden on New York plaintiffs at both the pleading and evidentiary stages.

By George Bundy Smith and Thomas J. Hall

17 minute read

February 26, 2009 | New York Law Journal

George Bundy Smith, a former Court of Appeals judge, and Thomas J. Hall, partners with Chadbourne & Parke, write that the broad language of CPLR �3213 allows proceedings thereunder to be brought in cases that do not neatly fit the "prototypical" action on a negotiable instrument. Courts are careful, they conclude, to balance the plaintiff's entitlement to this accelerated procedure to avoid protracted litigation, with the defendant's right to have viable defenses heard.

By George Bundy Smith and Thomas J. Hall

15 minute read

April 16, 2010 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, analyze two recent decisions showing that, despite the history of New York courts' disfavor of claims seeking to pierce the corporate veil, they may be reluctant to grant motions to dismiss such claims at the pleading stage before plaintiffs have the opportunity to seek discovery.

By George Bundy Smith and Thomas J.Hall

8 minute read

June 30, 2009 | New York Law Journal

George Bundy Smith, a former Associate Judge on the New York Court of Appeals, and Thomas J. Hall, partners with Chadbourne & Parke, address the current state of the New York law as it relates to the preservation and production of ESI, examining the relevant rules governing the use of ESI in the Commercial Division and consider the case law, focusing on developments in the preservation of ESI and the financial burdens of producing ESI.

By George Bundy Smith and Thomas J. Hall

15 minute read

December 18, 2009 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, write that over several decades, New York courts have outlined a general rule that a party should not be bound to a jury waiver provision in a contract where there is an unresolved issue over the contract's application or validity. A recent decision reaffirms this reasoning in leaving it to the jury to decide the disputed issue of whether the contract containing a jury trial waiver was binding. In addition, this decision appears to have added some clarity to the analysis of two 2007 commercial division decisions, in which the court, not a jury, decided the threshold issue of contract enforceability.

By George Bundy Smith and Thomas J. Hall

12 minute read

December 03, 2007 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review two recent Commercial Division decisions that demonstrate the breadth of judicial discretion in making the determination of whether questions common to the class predominate over questions affecting individual class members. Although the factual allegations underlying the two cases were strikingly similar, entirely different outcomes were reached.

By George Bundy Smith and Thomas J. Hall

14 minute read

August 21, 2008 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review the recent decision in GFI Securities LLC v. Tradition Asiel Securities Inc., which raised the issue of whether, for judicial estoppel to apply, the prior inconsistent position must have led to a judgment being entered in the prior case. Historically, the doctrine has been found applicable only where a prior judgment was obtained, but in this case, the court based its decision on prior determinations on motions for preliminary injunctions.

By George Bundy Smith and Thomas J. Hall

14 minute read

June 18, 2010 | New York Law Journal

In their Commercial Division Update column, George Bundy Smith and Thomas J. Hall, partners at Chadbourne & Parke, write that the likelihood of enforceability increases as a disclaimer gets more specific, but, on the other hand, as a disclaimer gets more specific, the scope of the misrepresentations and omissions that it catches may draw narrower.

By George Bundy Smith and Thomas J. Hall

11 minute read

June 17, 2011 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, analyze a recent ruling holding that language assigning "all rights and interests" in a loan can transfer to the assignee the right to bring both contract and tort claims, particularly where the assignment assigned claims "related to" the loan documents.

By George Bundy Smith and Thomas J. Hall

12 minute read