Judith A. Archer

December 19, 2024 | New York Law Journal

The authors write "It is common in complex commercial transactions, and even in some less complex ones, for the parties to enter into a series of contracts setting forth their various agreements. Such agreements executed at the same time can address different aspects of the transaction, different rights and obligations, or involve different parties. Contracts related to a common matter can also be executed at different times as a transaction matures or as circumstances change."

By Thomas J. Hall and Judith A. Archer

10 minute read

October 17, 2024 | New York Law Journal

"Consumers bringing a cause of action under Section 349 or 350 thus must satisfy three elements," write Thomas J. Hall and Judith A. Archer.

By Thomas J. Hall and Judith A. Archer

10 minute read

August 15, 2024 | New York Law Journal

"The right to shareholder inspection of a company's books and records can be a powerful tool for minority shareholders to assess the financial state of the company and to investigate suspected misconduct," write Thomas J. Hall and Judith A. Archer.

By Thomas J. Hall and Judith A. Archer

10 minute read

June 21, 2024 | New York Law Journal

The New York Commercial Division recently updated its procedural rules in two material respects: to reinforce its position as a go-to venue for technology-related litigation and to encourage the resolution of commercial disputes by the use of extrajudicial referees to hear and determine such disputes.

By Thomas J. Hall and Judith A. Archer

9 minute read

April 18, 2024 | New York Law Journal

Several Commercial Division decisions adjudicating Anti-SLAPP law claims demonstrate the complexities that can be involved. Indeed, a recent decision dismissing claims brought by Donald Trump against The New York Times provides significant insight into the law's current application.

By Thomas J. Hall and Judith A. Archer

11 minute read

February 15, 2024 | New York Law Journal

In New York state, business entities formed or incorporated outside New York that meet the criteria of "doing business" in New York are classified as foreign business entities and are required to register to do business in New York. Both the New York BCL and the New York LLC Law provide that, without registering in New York, a foreign business entity does not have the legal capacity to bring suit in any New York state courts, although it can be sued in New York.

By Thomas J. Hall and Judith A. Archer

10 minute read

December 14, 2023 | New York Law Journal

This column focuses on the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue.

By Thomas J. Hall and Judith A. Archer

11 minute read

October 19, 2023 | New York Law Journal

Historically, New York courts have viewed the internal affairs doctrine as strict and mandatory; however, they have recently softened this approach and apply a more discretionary standard. This article examines the evolution of these judicial approaches and recent Commercial Division cases reflecting their application.

By Thomas J. Hall and Judith A. Archer

10 minute read

August 17, 2023 | New York Law Journal

This article addresses the divergent approaches to analyzing best efforts clauses and the efforts by the Commercial Division courts to advance a consistent approach.

By Thomas J. Hall and Judith A. Archer

11 minute read

June 14, 2023 | New York Law Journal

In this update, Thomas J. Hall and Judith A. Archer examine recent Commercial Division decisions addressing some of the factors that can render an instrument too complex, the payment obligation too conditional, or the sum due too uncertain to qualify for Section 3213 relief.

By Thomas J. Hall and Judith A. Archer

10 minute read