Thomas J Hall

June 30, 2008 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review the recent decision in Gotham Boxing Inc. v. Finkel, which brings into focus the tension between courts that dismiss tort claims that are "related to" a breach of contract claim, and those holding that tort claims should not be dismissed merely because they relate to a contractual relationship, so long as the tort claim adds "something extra" not found in the contract claim

By George Bundy Smith and Thomas J. Hall

13 minute read

August 19, 2011 | New York Law Journal

In their Commercial Division Update, Chadbourne & Parke partners George Bundy Smith and Thomas J. Hall discuss three recent cases which highlight critical judicial limitations on what constitutes a controversy impacting an interest in real property such as to make a notice of pendency proper, and situations which a notice of pendency may be used, and how careful pleading of the complaint might avoid them.

By George Bundy Smith and Thomas J. Hall

10 minute read

April 15, 2011 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall of Chadbourne & Parke discuss the split that has emerged at the state trial court level regarding the enforceability of an Administrative Order which requires foreclosing lenders to submit affirmations confirming the accuracy of their pleadings, and they provide an outlook for how it might be received by the appellate courts.

By George Bundy Smith and Thomas J. Hall

10 minute read

February 18, 2011 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review a recent ruling in a case involving failed mortgage-backed securities that held admissible expert testimony of statistical sampling, the use of which can significantly ease the proof required of a plaintiff at trial.

By George Bundy Smith and Thomas J. Hall

15 minute read

December 17, 2010 | New York Law Journal

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall of Chadbourne & Parke write that a recent decision by the Kings County Commercial Division reinforces the venerable New York principle that waiver is a creature of intent, and will not be imposed without a strong showing that the waiving party so intended.

By George Bundy Smith and Thomas J. Hall

12 minute read

October 30, 2008 | New York Law Journal

George Bundy Smith, a partner with Chadbourne & Parke and a former associate judge on the New York Court of Appeals, and Thomas J. Hall, a partner at the firm, write that, not surprisingly, urgent weekend TRO applications can bring to the surface issues that are infrequently encountered. But, they also note that a new protocol protocol from Chief Administrative Judge Ann Pfau is a very positive step towards alleviating the difficulties counsel face in seeking emergency relief when the courthouse is closed, though pitfalls remain.

By George Bundy Smith and Thomas J. Hall

15 minute read

August 20, 2010 | New York Law Journal

In their Commercial Division Update column, George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, write that a recent decisions demonstrates Hooper's continuing impact on the application of indemnification clauses to inter-party disputes. The surest way to avoid such disputes, they say, is for transactional counsel to address the issue head-on when negotiating contracts.

By George Bundy Smith and Thomas J. Hall

13 minute read

May 27, 2005 | New York Law Journal

Thomas J. Hall, a partner at Fabiani & Cohen and a certified contract adviser for the National Football League Players Association, and Sander N. Rothchild, an associate with the firm, write that the federal government has taken an historic step toward regulating the activities of athlete agents following calls from the NCAA, educational institutions and from within the industry itself to curb the harm being done to student athletes.

By Thomas J. Hall and Sander N. Rothchild

9 minute read

October 29, 2009 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review two recent opinions by justices of New York's Commercial Division on employers' motions for preliminary injunctions to enforce restrictive covenants against former sales employees, decisions that demonstrate both the close scrutiny that such covenants receive and the willingness of the courts, in appropriate circumstances, to limit their scope to protect employees. These decisions also illustrate the differing frameworks that courts may apply when analyzing whether a restrictive covenant serves a legitimate employer interest.

By George Bundy Smith and Thomas J. Hall

14 minute read

February 19, 2010 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners with Chadbourne & Parke, review recent decisions that demonstrate that New York courts are generally loath to recognize the existence of a fiduciary duty where the relationship of the parties is in the nature of an arm's length business transaction without more.

By George Bundy Smith and Thomas J. Hall

9 minute read