By Ryan Tarinelli | January 21, 2021
Attorney Michael Zapson filed a lawsuit last year against Davidoff Hutcher & Citron, which describes itself as a commercial law and government relations firm.
By Jason Grant | January 15, 2021
The Appellate Division, First Department has ruled that an affidavit submitted by the then-president of Bison Capital Corp. stating he had "expressly instructed" Hunton, in an underlying lawsuit in which the firm represented Bison, "to place liens on the judgment debtor's assets," sufficiently stated "a claim for breach of contract" when reviewing the motion to dismiss the complaint.
By Charles E. Ramos | January 12, 2021
This Fifth Edition is an extraordinary work that covers in essential detail the intricacies of commercial practice and virtually all civil practice in New York state.
Delaware Business Court Insider
By Ellen Bardash | January 8, 2021
If custodian Robert Pincus and attorneys with Skadden, Arps, Slate, Meagher & Flom consent to the records being opened, a complaint TransPerfect and CEO Phil Shawe filed against Bouchard demanding those documents Dec. 24 could become moot.
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.
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.
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.
New York Law Journal | Analysis
By Barbara M. Goodstein | December 2, 2020
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent ruling by the New York Court of Appeals in a case involving strict foreclosure. She writes: While the decision has received considerable attention for the potential power it gives to minority noteholders, it also leaves unanswered questions as to whether the effects on that foreclosure of UCC §$9-620-9-622 were properly considered.
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