By Andrew Denney | November 20, 2018
Starting next year, two new judges will be serving on the bench in Manhattan Supreme Court's Commercial Division, one of the world's most highly regarded business courts.
New York Law Journal | Analysis
By Robert A. Schwinger | November 20, 2018
In his Blockchain Law column, Robert A. Schwinger writes: As commercial activity increasingly intertwines with applications of blockchain technology with participants around the world, courts have had to grapple with the personal jurisdiction implications of such arrangements. Will participants in these blockchain applications based outside the United States find themselves subject to U.S. jurisdiction when disputes arise, based on how they have conducted their activities?
By Laura A. Colca and Ryan W. McNagny | November 9, 2018
In a recent decision, the Delaware Court of Chancery reaffirmed the policy of Delaware and many other states, including New York, of enforcing broad contractual waivers of fiduciary duties and demonstrated the importance of carefully negotiating contractual rights and obligations when forming or investing in a limited liability company.
By Jason Grant | November 1, 2018
Even though the law firm allegedly missed a central fact while doing public-stock-offering due diligence, the bank's malpractice claim was time-barred after it didn't act on a public report about fraud committed by the coal company making the stock offering, an appeals court said.
New York Law Journal | Analysis
By Nelson Timken | November 1, 2018
Based upon recent case pronouncements by both New York's highest court and federal courts, the doctrine of promissory estoppel should be invoked with selectivity, particularly when used to undermine the protections offered by the Statute of Frauds and other similar statutes designed to protect individuals from the risk of fraudulent conduct.
By Jason Grant | October 29, 2018
Harris Jewelry, with stores near and on military bases across the country, allegedly preyed upon and misled active-duty service members, often selling them pieces marked up 600 to 1,000 percent, including special commemorative items such as the “Mother's Medal of Honor.”
By Colby Hamilton | October 29, 2018
The unnamed plaintiffs claim Trump's touting of the business potential in products led them to get involved, even as he failed to say he was being compensated to endorse products that were unlikely to return on the investment.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | October 16, 2018
In this Commercial Division Update, Thomas J. Hall and Judith A. Archer write: '1545 Ocean Ave.' and its progeny have clarified the requirements for satisfying the “not reasonably practicable” standard of §702. While prior case law had typically avoided analysis of the meaning of this standard, the Commercial Division now applies consistent criteria to applications for judicial dissolution of LLCs, providing greater certainty to members who seek dissolution.
New York Law Journal | Analysis
By Patrick G. Rideout and Giyoung Song | October 15, 2018
New York's Commercial Division recently initiated changes that continue its focus on utilizing efficiency, innovation and agility to attract high-stakes complex commercial cases.
New York Law Journal | Analysis
By Julia Lu and David Daniels | October 12, 2018
Bankruptcy Judge Michael Wiles' decision in 'In re Westinghouse Electric Co.', 588 B.R. 347 (Bankr. S.D.N.Y. 2018), rejected a contention that two parties had reached a binding agreement to trade and offers valuable lessons for parties who wish to avoid a similar fate.
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