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Delaware Business Court Insider
By Ellen Bardash | September 6, 2022
Elon Musk has asked to extend the trial timeline another month, while Twitter argues the entrepreneur is simply trying to manipulate the litigation process to get out of buying Twitter.
By Jason Grant | August 22, 2022
"For some reason, the format never took hold in New York state, but the time has come for practitioners to embrace this common sense convention," said Jonathan Lupkin, a Commercial Division Advisory Council member and a nearly 30-year veteran of commercial-litigation practice.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | August 18, 2022
While the doctrine's original focus was on illegal acts and illegal contracts, it has since been significantly expanded to other types of wrongdoing, including civil wrongs, as discussed by Thomas J. Hall and Judith A. Archer in this edition of their Commercial Division Update.
New York Law Journal | Analysis
By Lara Flath and Judy Flumenbaum | August 10, 2022
In this article, Lara Flath and Judy Flumenbaum discuss New York courts' treatment of the tension between a "good faith limitation on the exercise of a contract right" and "using the implied covenant of good faith to create new duties that negate explicit rights under a contract." They explore the degree to which courts have permitted good faith and fair dealing claims independent of breach of contract claims.
Delaware Business Court Insider | News
By Ellen Bardash | July 28, 2022
The Musk team claimed in a letter sent Tuesday that Twitter is intentionally holding up discovery in an effort to give Musk as little time as possible to analyze the data he's requested. The trial in Delaware Chancery Court could start on Oct. 10 or 17.
By Jason Grant | July 26, 2022
The Appellate Division, Second Department has ruled that builder company Urban Green Equities "established a reasonable excuse for its default" in the action.
By Brian Lee | July 18, 2022
New York State Supreme Court Justice Kenneth L. Thompson Jr. on Thursday granted plaintiff Bay Plaza Community Center a judgment of $1,031,613, the principal balance owed by Cablevision Systems Corp. as of September 2021.
By Bruce Love | July 18, 2022
Natasha Harrison's London-based Pallas Partners will add three lawyers in New York by September. She foresees around 30 lawyers in the office eventually.
By Jason Grant | June 17, 2022
The Appellate Division, First Department court also allowed the Botanical Garden to proceed with a related breach of the implied covenant of good faith claim against the insurance company.
New York Law Journal | Analysis
By Lara Flath and Thania Charmani | June 17, 2022
The full impact of the First Department's decision, on both the issue of the loss sharing provision as well as the requirement that the purported agreement be final as opposed to an agreement to agree, remains to be seen, but perhaps signals a shift from a more rigid consideration of these two elements under New York law.
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