By Jason Grant | January 3, 2018
Justice Saliann Scarpulla has found there was no danger of irreparable injury to the plaintiffs, a group of dissenting limited partners in Starrett City who sued claiming the sales price was too low.
New York Law Journal | Analysis
By David B. Saxe and Danielle C. Lesser | January 2, 2018
David B. Saxe and Danielle C. Lesser write discuss 'Princes Point v. Muss Dev.', in which the Court of Appeals found that a prospective purchaser's commencement of an action seeking to rescind an amendment to a purchase agreement one month prior to the last day to close on the purchase did not constitute an unequivocal communication to the seller of the purchaser's intention not to perform. The result is a detour into an area of murky jurisprudence that may prove unsettling to the commercial bar that relies on the certainty of precedent and its application in a way that conforms to the realities of commercial practice.
By Brian Baxter | December 29, 2017
Papers filed on Dec. 28 by the U.S. Securities and Exchange Commission indicate that the regulator has resolved its proceedings against Joel Sanders. A similar agreement was unable to be reached with former Dewey & LeBoeuf executive director Stephen DiCarmine.
New York Law Journal | Analysis
By Corinne Ball | December 27, 2017
Distress Mergers and Acquisitions columnist Corinne Ball writes: On Nov. 8, 2017, the Bankruptcy Court for the Southern District of New York, in In re SunEdison, considered whether the court had subject matter jurisdiction to approve non-consensual non-debtor releases proposed by SunEdison as part of their plan of reorganization.
By Monika Mesa | December 20, 2017
The former CEO of Patriot National is blaming the law firms for its impending bankruptcy.
New York Law Journal | Analysis
By Lynn K. Neuner and William T. Russell Jr. | December 19, 2017
In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a case in which the Court of Appeals clarified the requirements for plaintiffs seeking to bring shareholder derivative actions against Cayman Islands companies in New York State courts.
New York Law Journal | Analysis
By Christopher Harris, Jonathan Lippman, Gregory Mortenson and Nicole Valco | December 19, 2017
Christopher Harris, Jonathan Lippman, Gregory Mortenson and Nicole Valco provide an overview of the recent and potential additional rule changes in the Commercial Division, how they complement previous changes, and how they further the Commercial Division's aim of providing an attractive and hospitable forum for the fair and timely resolution of complicated commercial disputes from around the globe.
New York Law Journal | Analysis
By Jordan M. Engelhardt and Muhammad U. Faridi | December 18, 2017
Jordan M. Engelhardt and Muhammad U. Faridi write: The CPLR does not define the phrase “documentary evidence.” Commentators on the CPLR have attempted to fill the void by offering their own take on the issue. And the First and Second Departments have split on whether certain types of paper qualify as “documentary evidence.”
New York Law Journal | Analysis
By Thomas J. Hall | December 14, 2017
Commercial Division Update columnist Thomas J. Hall writes: Defendants bear a heavy burden of establishing that New York is not a convenient forum, and courts have discretion in considering a number of factors in determining the issue. While no one factor is controlling, the residency of the parties has emerged in recent Commercial Division decisions as an important factor.
New York Law Journal | Analysis
By John J. Rapisardi and Joseph Zujkowski | December 12, 2017
In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski begin an analysis of the long awaited Second Circuit opinion addressing objections to Momentive Performance Materials' Chapter 11 plan in 'In re MPM Silicones'.
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