By Jason Grant | October 10, 2018
Under New York law “where an assignment of fraud or other tort claims is intended … with the conveyance of a contract or note, there must be some language … that evinces that intent and effectuates the transfer of such rights,” the First Department panel said.
New York Law Journal | Analysis
By Chaya Weinberg-Brodt | October 9, 2018
New York has positioned itself as an attractive forum for resolution of international commercial disputes, with flexible rules permitting contracting parties to agree to procedures specific to their needs. That choice works best for parties who take the necessary time in advance to negotiate not only choice of forum, but also the procedural mechanisms of their choice.
New York Law Journal | Analysis
By Michael Hoenig | September 7, 2018
In his column on Complex Litigation, Michael Hoenig encourages use of the protective order: a flexible device that harmonizes the demanding party's need for access with the producing party's competing right to privacy.
New York Law Journal | Expert Opinion
By Joseph Lipari and Aaron S. Gaynor | September 6, 2018
It is common for groups of affiliate companies to record transactions within the group by "book entry" rather than actual transfers of cash. It is also common for one member of an affiliate group to undertake an activity that benefits all of the members of the group without necessarily passing on the cost of such activity.
By Andrew Denney | August 28, 2018
In Airbnb Inc.'s new lawsuit against the New York City government over its law requiring disclosure of hosts offering up rooms for rent in the city, the company has once again enlisted the legal firepower of Roberta Kaplan, a star litigator well-known for her civil rights work.
By Andrew Denney | August 16, 2018
In a victory for New York residential landlords, the majority on a divided Manhattan appeals court found that there is a hard four-year limit to calculate damages in rent overcharge cases involving buildings where landlords are reaping the benefits of a controversial and complex tax abatement credit.
New York Law Journal | Commentary
By Michael Hoenig | August 16, 2018
The common law of products liability traditionally posits three major theories of liability: defectively manufactured products; defectively designed products; and those rendered defective because of absent or inadequate warnings.
New York Law Journal | Expert Opinion
By Brian J. Shoot | August 2, 2018
In a given year, there may be as many as 170 to 200 reported appellate decisions that involve application of Labor Law Sections 240, 241(6) and/or 200 to accidents alleged to have occurred during the course of a “construction” activity.
By Michael Riccardi | July 27, 2018
The complaint comes after the social media giant lost nearly $100 billion in stock value in one day.
New York Law Journal | Analysis
By Thomas E.L. Dewey | July 27, 2018
In his Settlement and Compromise column, Thomas E.L. Dewey compares the federal and state approaches to the law of preliminary agreements.
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