By Jason Grant | January 14, 2019
"FedEx knowingly engaged in illegal and harmful behavior at the expense of New Yorkers' health” and it "swindled New York City and State out of millions of dollars in tax revenue,” Attorney General Letitia James said.
By Jason Grant | January 3, 2019
In a split decision, a majority Appellate Division, First Department, panel has decided that HSBC, which issued a crucial credit reference letter on behalf of a thieving jewelry dealer, must continue to face the two causes of action, which should not be dismissed.
By Colby Hamilton | December 21, 2018
Among a number of claims, merchant cash advance company Simply Funding says the contractor used its GoDaddy website registration account to redirect all traffic to sites he alone controlled.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | December 20, 2018
In their Commercial Division Update, Thomas J. Hall and Judith A. Archer write: While confidentiality orders are valuable tools in protecting competitive and other sensitive information, they are subject to abuse. Aggressive or inattentive counsel can overdesignate those documents that are protected, adding burden and expense to the opposing party. Indeed, in a recent Commercial Division case, Google was sanctioned for just that. This decision sends a stern reminder to litigation counsel of the need to be well versed on the applicable rules and standards, which we address below.
By Jason Grant | December 20, 2018
The plaintiff in the lawsuit over control of a company was ordered to pay, as discovery-abuse sanctions against her, defense attorney fees billed by Fox Rothschild, Proskauer and Pelosi Wolf Effron & Spates.
By Colby Hamilton | December 19, 2018
U.S. District Judge Valerie Caproni said the financial firm's venue choice was sensible, and refused to dismiss three of the four breach-of-contract claims against UBS over its use of Bloomberg's proprietary data.
New York Law Journal | Analysis
By David B. Saxe and Brett Dockwell | November 28, 2018
As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act. This article provides a brief, non-technical review of the bill and the legal and practical hurdles it faces if enacted.
New York Law Journal | Analysis
By Janice Mac Avoy and Justin J. Santolli | November 26, 2018
The New York County Supreme Court's decision in 'CB Frontier v. Wilmington Trust, N.A.' to grant summary judgment holding that the floor area ratio bonus was not collateral under the mortgage surprised many in the commercial real estate community. While the decision has been appealed to the Appellate Division, the current decision raises areas of concern for lenders, and could lead borrowers (and lenders) to more closely scrutinize their existing loan documents to see if they will support a claim that a FAR bonus is not collateral under the mortgage.
New York Law Journal | Analysis
By Larry S. Schachner | November 23, 2018
Young advocates would be remiss in not familiarizing themselves with the ever-expanding world of ADR.
By Jason Grant | November 21, 2018
In 2012, the Palm's prized intellectual property—its trademarks, service marks and design elements, including its robust menu and caricature-filled walls—became the fighting ground for a legal dispute between long-connected families. Now, an important state Supreme Court bench trial decision has settled the dispute, at least for the time being.
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