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New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | December 16, 2021
Without an agreement between parties to share losses, a joint venture, and therefore a fiduciary duty and the breach thereof, may not be found to exist. In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent decisions that provide insight on the application of this requirement of the sharing of losses.
By Jason Grant | December 13, 2021
Kohlmann in the past has served as a vice president of the city bar association for a year. In addition, she has been a chair of both the bar group's Women in the Legal Profession Committee and Committee on Diversity, Equity and Inclusion, among other positions, according to the bar group's announcement.
By Jason Grant | December 9, 2021
One of the effects of Commercial Division Rule 37: Remote Depositions, according to veteran commercial litigators, is that it will encourage what has already been happening in individual cases since the pandemic took grip: that parties to cases, whether in Commercial Division civil suits or in other civil actions, have been agreeing to and holding depositions via video platforms.
New York Law Journal | Analysis
By Barbara M. Goodstein | December 1, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision in which the judge held that simply calling a transaction a true sale does not make it so. Rather, in a detailed and heavily footnoted discussion, the judge ruled that a holistic set of factors should be considered in making that determination.
By John P. DiBlasi | November 19, 2021
Advance communication between counsel and an initiative-taking arbitrator are essential for achieving the goal of a fair, efficient, and economical resolution of the dispute.
By Tom McParland | November 16, 2021
The dispute centers in part on a now-infamous August 2018 tweet by Tesla CEO Elon Musk, saying that he had "funding secured" for taking his firm private at $420 per share.
New York Law Journal | Analysis
By Stephen M. Kramarsky and John Millson | November 15, 2021
A recent case in the Southern District of New York considered, under the Lanham Act, the extent to which the use of hyperlinks to connect a website displaying images of plaintiffs with a third-party shopping website created consumer confusion regarding the plaintiffs' endorsement of that third-party website.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | October 14, 2021
Despite its ancient origins, recent Commercial Division decisions illustrate how the flexible canon of ejusdem generis continues to shape the interpretation of modern contracts, as well as statutes, frequently serving as a limiting principle on a litigant's expansive interpretation of a contract's or statute's catch-all phrase. Thomas J. Hall and Judith A. Archer explore the term in this edition of their Commercial Division Update.
By ALM Staff | October 8, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
By Tom McParland | October 4, 2021
The dismissal came on jurisdictional grounds, allowing CEO Alex Sapir to either amend his complaint or to pursue the case in state court.
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Legal Administrative AssistantRivkind, Margulies & Rivkind, P.A.Miami, FL, USAEmployment Type: Full-TimeBenefits Offered: Medical, Retir...
Position Type:Administrative and Central Office Office Title/Functional Title:Risk Management and Litigation Associate Counsel - 23849Civil ...
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