New York Law Journal | Analysis
By David C. Singer | December 23, 2020
Commercial arbitration is flourishing in New York because parties voluntarily agree that arbitration is the preferred method for addressing and resolving disputes that may arise from their contractual relationships. For a wide range of reasons, the freedom of contracting parties to make that choice is a good thing.
By Justin Henry | December 18, 2020
"The current president's approach is one of heavy de-regulation, and the Biden administration will probably be much more regulatory-focused," new Buchanan Ingersoll & Rooney shareholder Mark Kornfeld said.
By Michael A. Mora | December 18, 2020
The Miami litigator served the defendants at their UPS mailbox using alternative service, even though the individuals were not physically within the country and had shut down their Florida corporation.
By Raychel Lean | December 18, 2020
The ruling underscored the limits of Florida's prevailing-party rule.
Delaware Business Court Insider | News
By Ellen Bardash | December 17, 2020
The Delaware law firm said the filing of a complaint in New York Supreme Court violated Chancellor Andre Bouchard's orders which gave the Court of Chancery exclusive jurisdiction over anything relating to TransPerfect's custodianship.
By Ellen Bardash | December 17, 2020
The Delaware law firm said the filing of a complaint in New York Supreme Court violated Chancellor Andre Bouchard's orders which gave the Court of Chancery exclusive jurisdiction over anything relating to TransPerfect's custodianship.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | December 17, 2020
In their Commercial Division Update, Thomas J. Hall and Judith A. Archer write that where COVID-based arguments have been raised, the results are not particularly surprising in light of well-developed New York law, including for the criteria to establish impossibility of performance, frustration of purpose or other contractual excuse.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | December 15, 2020
In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss a recent decision in which the court unanimously reaffirmed the principle that "parties are free to agree to a liquidated damages clause provided that the clause is neither unconscionable nor contrary to public policy." However, the judges split 4-3 on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.
New York Law Journal | Analysis
By Robert Dremluk | December 15, 2020
During the past few months several New York cases involving UCC sales of equity pledged to secure mezzanine loans have underscored whether the concept of commercial reasonableness may apply differently during the COVID-19 pandemic.
Daily Business Review | Commentary
By Stanley Foodman | December 15, 2020
The FinCEN files pose the questions of why did these organizations continued to do business as usual with these entities and individuals, and if the BSA/AML obligations just end with the filing of a SAR?
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