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February 14, 2024 | Daily Business Review

South Florida Judge Speaks Out on His Judicial Disqualification

"The Court notes that the motion would be denied but for the rule that the Court may not comment upon its merits," the state court judge held. "This case illustrates how that rule leads to wasteful abuse."
3 minute read
January 23, 2024 | New York Law Journal

New York Court of Appeals Reinforces Attorney-Client Privilege Principles

A recent New York Court of Appeals decision clarified the scope of the attorney-client privilege under New York law.
6 minute read
October 11, 2023 | New York Law Journal

Maintaining Attorney-Client Privilege Even Without an Attorney: Recent Application of the Common Interest Doctrine

A recent decision from the Commercial Division of the Supreme Court, New York County highlights the potential importance of—and protection offered by—the sometimes overlooked sibling of attorney-client privilege: the common interest doctrine.
6 minute read
June 16, 2023 | The Recorder

Inside the 'Circle of Confidentiality': Protecting Privilege in Transactional Stockholder Disputes

Corporate counsel must think careful about the rules of privilege and take proactive steps to ensure that proper protections are in place to avoid after-the-fact surprises, according to Simpson Thacher & Bartlett's Stephen Blake and Marissa Lambert.
8 minute read
December 22, 2022 | Litigation Daily

Curtain Call: One Last Look at 2022's Litigators of the Week

With one more LOTW set to land tomorrow, the race to see which firm will land the most winners this year is already wrapped up.
15 minute read
November 14, 2022 | New York Law Journal

Court of Appeals Tolls Bell for Unclear Attorney Fees Provisions

Writing in clear, plain language that the party is entitled to recover attorney fees in any situation will help to avoid potential litigation.
8 minute read
August 10, 2022 | New York Law Journal

The Interplay Between Claims of Good Faith and Fair Dealing and Breach of Contract

In this article, Lara Flath and Judy Flumenbaum discuss New York courts' treatment of the tension between a "good faith limitation on the exercise of a contract right" and "using the implied covenant of good faith to create new duties that negate explicit rights under a contract." They explore the degree to which courts have permitted good faith and fair dealing claims independent of breach of contract claims.
6 minute read
July 19, 2022 | New York Law Journal

The Statute of Limitations for Mortgage Foreclosures Faces Potential Changes

In raising a statute of limitations defense, a question may arise as to when the lender accelerated the loan, which begins the running of the six-year statutory period. Courts have held that the lender must take an "unequivocal overt act" and deliver a notice to the borrower expressly accelerating the loan. This article discusses several cases which have addressed the issue of what constitutes an unequivocal notice.
6 minute read
June 22, 2022 | Daily Business Review

A Mortgage Statement May be Deemed a Communication Under the FDCPA and FCCPA

Since many mortgage and other loan statements have all or part of this verbiage as standard "boiler plate" language, the decision needs to be a wake-up call for lenders and their attorneys.
5 minute read
May 13, 2022 | New York Law Journal

Does Jurisdiction-by-Consent Survive 'Daimler AG v. Bauman'?

The Supreme Court of the United States will likely soon resolve the issue when it considers 'Mallory'.
13 minute read

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