Thomas J Hall

October 21, 2011 | New York Law Journal

In their Commercial Division Update, Chadbourne & Parke partners George Bundy Smith and Thomas J. Hall examine the history of the frustration of purpose doctrine, which can be an incredibly powerful tool against a breach of contract claim, and review recent decisions out of the Commercial Division that apply it to a variety of fact settings.

By George Bundy Smith and Thomas J. Hall

9 minute read

June 28, 2013 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that longstanding appellate precedent holds that the threat of destruction of a business if a preliminary injunction is not granted can constitute irreparable harm not compensable by money damages

By George Bundy Smith and Thomas J. Hall

11 minute read

February 15, 2013 | New York Law Journal

In their Commercial Division Update, George George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that recent decisions highlight the distinction the courts make between claims for tortious interference with contract and tortious interference with business relations.

By George Bundy Smith and Thomas J. Hall

10 minute read

October 19, 2012 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, review recent Commercial Division cases that addressed the assertion of a champerty defense. While most have been cautiously avoiding finding claims champertous, one court recently held that champerty existed where a company and a law firm formed a partnership, the primary purpose of which was to acquire debt instruments and profit from the related litigation.

By George Bundy Smith and Thomas J. Hall

13 minute read

April 19, 2013 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that New York courts find that, despite a contrary choice of law provision, the law of New York as the forum state governs procedural issues, including statute of limitations, personal jurisdiction and motions for default judgment.

By George Bundy Smith and Thomas J. Hall

12 minute read

August 17, 2012 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS and a former associate judge of the New York Court of Appeals, and Thomas J. Hall a partner with Chadbourne & Parke, write that where an action for breach of contract is otherwise time-barred because the action accrued more than six years earlier, proof of written acknowledgement or partial payment of the underlying debt may renew the statute of limitations as of the date of that acknowledgement or payment.

By George Bundy Smith and Thomas J. Hall

13 minute read

October 18, 2013 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, discuss recent Commercial Division decisions that have followed the First Department's shift toward dismissing unjust enrichment claims even where a contract governing the transaction is unenforceable.

By George Bundy Smith and Thomas J. Hall

12 minute read

February 17, 2012 | New York Law Journal

In their Commercial Division Update, George Bundy Smith, an arbitrator and mediator with JAMS, and Thomas J. Hall, a partner with Chadbourne & Parke, write that a party challenging the validity of a liquidated damages clause thus must prove either that: (1) the amount of anticipated damages was easily ascertainable at the time the contract was formed, or (2) at the time the contract was formed, the liquidated damages amount was grossly disproportionate to the anticipated damages that would be incurred in the event of a breach.

By George Bundy Smith and Thomas J. Hall

13 minute read

January 05, 2009 | New York Law Journal

Thomas J. Hall and Thomas J. McCormack, partners at Chadbourne & Parke, write: We live in turbulent financial times - a global recession, trillions of dollars of equity market losses, gaping holes in pension plans and personal retirement accounts, massive job layoffs, a worldwide credit market collapse, unprecedented home mortgage default rates and booming home foreclosures. In this environment, it is not surprising that the litigation train has already left the station and is gathering steam as it proceeds down a multi-year track.

By Thomas J. Hall and Thomas J. McCormack

17 minute read

August 20, 2009 | New York Law Journal

George Bundy Smith and Thomas J. Hall, partners at Chadbourne & Parke, write that the Commercial Division appears to recognize that the presumption of openness in New York at times conflicts with legitimate needs of commercial litigants who may be required to place sensitive information in court records. The applicable standard, they say, may not fully appreciate that commercial cases usually do not have the broad social impact as do, for example, mass tort cases.

By George Bundy Smith and Thomas J. Hall

16 minute read