Commercial Litigation

  • New York Law Journal | Analysis

    The 'Class Actionization' of America

    By Michael Hoenig | May 10, 2019

    In his Complex Litigation column, Michael Hoenig asks whether the entire class action regime that has come to dominate much of court litigation today has reached a tipping point, becoming an ever-expansive, negative behemoth that needs to not only be reviewed but sharply modified and curtailed.

  • New York Law Journal | News

    Second Circuit Upholds Dismissal of AmEx Investor's Suit Over Lapsed Costco Partnership

    By Tom McParland | May 9, 2019

    A three-judge panel of the Manhattan-based appeals court on Tuesday rejected an appeal by a union pension fund, which sued the credit card company in 2015.

  • New York Law Journal | Analysis

    Right to Accelerate vs. a Convertible Note: Avoiding NY-UCC §1-309 Changes Accrual of Statute of Limitation

    By Francis M. Caesar | May 2, 2019

    This article argues that because the acceleration provision of the Fannie Mae Form mortgage note does not conform with NY-UCC §1-309 (formerly NY-UCC §1-208), said mortgage note is not a time instrument pursuant to subsection (c) of NY-UCC §3-109(1) but rather a hybrid instrument: a time instrument that can be converted into a demand instrument.

  • New York Law Journal

    Bank Accuses Legal Vendor Epiq of Ditching Bankruptcy Trustee Deal

    By Jack Newsham | April 29, 2019

    MUFG Union Bank said it has suffered millions in damages as a result of Epiq's sale of its Chapter 7 bankruptcy software unit to another bank.

  • New York Law Journal | Analysis

    Pleading and Proving Unjust Enrichment Claims

    By Thomas J. Hall and Judith A. Archer | April 18, 2019

    In New York, the elements of an unjust enrichment claim are “that (1) the other party was enriched, (2) at that party's expense, and (3) that it is against equity and good conscience to permit the other party to retain what is sought to be recovered.” Several factors can drive the determination of whether these elements are adequately pleaded or later proven. In their Commercial Division Update, Thomas J. Hall and Judith A. Archer examine recent Commercial Division decisions addressing the application of these factors.

  • New York Law Journal | News

    NY Firms Denied $1.5 Million Fee in Merger Challenge

    By Tom McParland | April 11, 2019

    The Delaware Chancery Court on Wednesday cited the “steadfast opposition” of three New York-based plaintiffs' firms in denying their bid to recover $1.5 million in fees for finding flaws in an unsuccessful challenge to the merger of two major furniture companies.

  • New York Law Journal | Analysis

    Must You Attach to Perfect?

    By Barbara M. Goodstein | April 3, 2019

    In her Secured Transactions column, Barbara M. Goodstein discusses two recent cases that illustrate the danger of cross-referencing in a UCC financing statement collateral description to documents not attached to the filing.

  • New York Law Journal

    Creative Mediation: Alleviating Commercial Division Congestion

    By Melvin L. Schweitzer | March 15, 2019

    ADR has joined the Commercial Division with its own surge in popularity. It has enjoyed enormous growth in recent years as parties come to recognize its own benefits in addressing certain disputes. There is no reason why these two disciplines—litigation and mediation—cannot work in tandem to address the needs of our business community.

  • New York Law Journal

    Commercial Litigation

    By Angela Turturro | March 11, 2019

    In this Special Report: "Catching the Cannabis Wave? The Legal Status of CBD and Its Future as a Subject of Civil Litigation," "Practical Strategies for Defending ADA Website Accessibility Claims," "NY's Freeze-Out Mergers Offer Limited Rights and Recourse for LLC Minority Members" and "Direct vs. Consequential Lost Profits: Checking in Five Years After 'Biotronik'."

  • New York Law Journal | Analysis

    Business Divorce Cases of 2018

    By Peter A. Mahler and Matthew D. Donovan | February 25, 2019

    In recent years, most of the new and noteworthy case law developments in the business divorce field predictably have involved limited liability companies which, as business entities go, are newcomers relative to business corporations and partnerships. Last year bucked the trend.

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