New York Law Journal | Analysis
By Justin T. Kelton | February 22, 2019
Judge Furman's decision in 'Douglas Elliman v. Firefly Entertainment' affirms the longstanding rule in New York that a broker seeking commission in connection with a sale of real estate must prove that it was the “procuring cause” of the transaction.
New York Law Journal | Analysis
By Adrienne B. Koch | February 21, 2019
Practice in the Commercial Division often differs quite significantly from elsewhere in the state court system. One of these differences involves rules for expert disclosure, which are now arguably just as robust in the Commercial Division as in federal court. This, however, may have opened up a trap for the unwary: “Expert” disclosures may be required with respect to witnesses who appear to be fact witnesses if their testimony is based in part on some kind of expert knowledge.
By Dan M. Clark | February 21, 2019
The court said in a split ruling that a lawsuit brought against Chevron by a former merchant marine cannot be thrown out based on a settlement he agreed to in 1997 that was intended to exempt the oil and energy company from all future claims from the employee.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | February 14, 2019
In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases which show the Commercial Division recognizes that circumstances may require binding nonsignatories to arbitration agreements. The direct benefit theory of estoppel and agency is the most frequent reason that demands for arbitration are granted against nonsignatories. Individuals and businesses would do well to be mindful of these theories when interacting with business partners and affiliates lest they find themselves in an unexpected arbitration.
By Jason Grant | February 13, 2019
In a forceful and succinct decision, an Appellate Division, First Department panel has provided a laundry list of reasons for tossing out claims of misappropriation of trade secrets and ideas brought by Theodore Schroeder, a lawyer who began developing a concept for a socially networked bulletin board site while at Columbia Law School in 2005.
By Lucila I. M. Hemmingsen and Nathaniel E. Haas | February 8, 2019
The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
New York Law Journal | Analysis
By Barbara M. Goodstein | February 6, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Woodbridge Group of Companies, LLC et al.', which upheld a provision in a promissory note prohibiting transfers. In so doing, it not only unsettled the robust bankruptcy claims trading market, but was roundly criticized by commentators for its analysis of UCC §§9-406 and 9-408, admittedly among the most complex and inscrutable provisions in UCC Article 9.
By Jason Grant | January 28, 2019
Justice Gammerman was known as an intelligent, tough, wise and wisecracking judge on the Commercial Division who handled many thousands of cases over a decadeslong career.
New York Law Journal | Commentary
By David Reiss, Areeb Been Khan, Robert Levy and Juliana Malandro | January 24, 2019
The New York City Council is considering a bill, the Small Business Jobs Survival Act, that it claims will protect small businesses even though the Act contains no protections tailored to them. Instead, the Act would implement a new lease renewal arbitration system that treats all commercial tenancies the same, allowing businesses as large as Amazon to benefit.
By Jason Grant | January 17, 2019
New York's federal courts saw 1,471 lawsuits filed in 2018 aimed at websites that plaintiffs claim are not American with Disabilities Act accessible, accounting for 64 percent of the 2,285 suits launched in seven major states tracked by the company UsableNet.
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