New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures...more
7/21/2025
/ Business Disputes ,
Business Litigation ,
Closely Held Businesses ,
Commercial Litigation ,
Damages ,
Disclosure Requirements ,
Discovery ,
Dispute Resolution ,
Documentation ,
Federal Rules of Civil Procedure ,
New York ,
Rule 11 ,
Witnesses
The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business...more
While entity distinctness is a bedrock principle of corporate law, it may often appear redundant and unnecessary for a limited liability company (“LLC”) to sign its own operating agreement. That was likely the thinking of the...more
1/23/2025
/ Arbitration Agreements ,
Breach of Duty ,
Business Disputes ,
Business Entities ,
Business Litigation ,
Contract Terms ,
Derivative Suit ,
Fiduciary Duty ,
Limited Liability Company (LLC) ,
Managing Members ,
New York ,
Non-Signatories ,
Operating Agreements ,
Regulatory Requirements
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
9/25/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Badgerow v Walters ,
Commercial Litigation ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal v State Law Application ,
Forum Selection ,
Judicial Review ,
Jurisdiction ,
SCOTUS ,
State Law Claims ,
Subject Matter Jurisdiction
Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more
5/9/2024
/ Antitrust Violations ,
Athletes ,
Big Ten Conference ,
Colleges ,
Competition ,
Dispute Resolution ,
Educational Institutions ,
Florida ,
Liquidated Damages ,
Litigation Strategies ,
Membership Agreements ,
Motion to Dismiss ,
North Carolina ,
Penalties ,
Popular ,
Restraint of Trade ,
School Sports ,
Spectator Sports ,
Sports ,
Withdrawal
Last summer, we wrote about the Atlantic Coast Conference’s (“ACC”) “ironclad” Grant of Rights agreement being the only document keeping top schools from leaving for either the Big Ten or Southeastern Conference (SEC),...more
12/29/2023
/ Athletes ,
Big Ten Conference ,
Colleges ,
Educational Institutions ,
Florida ,
Liquidated Damages ,
Membership Agreements ,
Penalties ,
Restraint of Trade ,
School Sports ,
Spectator Sports ,
Sports ,
Withdrawal
In matters of corporate divorce, deadlock, majority oppression, or usurpation of corporate opportunities are all well-tread grounds for disputes between co-owners of closely held entities. These disputes often culminate in...more
12/14/2023
/ Business Disputes ,
Business Divorce ,
Business Ownership ,
Business Partners ,
Buyouts ,
Closely Held Businesses ,
Co-Ownership ,
Corporate Deadlock ,
Corporate Dissolution ,
Dissenters Rights ,
Fair Market Value ,
Fair Value Standard ,
Joint Ownership ,
Majority Shareholders ,
Minority Shareholders ,
Shareholder Oppression
Cloaked in secrecy, neither the terms of litigation financing agreements nor the attendant scuffles between financier and claimant, are typically aired in public. That changed for about four months of 2023, during which...more
10/19/2023
/ Antitrust Violations ,
Champerty ,
Class Action ,
Financial Services Industry ,
Litigation Funding ,
Litigation Strategies ,
Personal Jurisdiction ,
Popular ,
Price-Fixing ,
State Antitrust Claims ,
Sysco
Traditionally deployed to protect a corporation from its board’s imprudent investment or financial decision-making, in recent years shareholders have taken to bringing derivative actions on a corporation’s behalf for its...more
9/26/2023
/ Board of Directors ,
Books & Records ,
Business Litigation ,
Corporate Culture ,
Corporate Governance ,
Corporate Monitoring ,
Corporate Officers ,
Derivative Suit ,
Disclosure Requirements ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Internal Investigations ,
Policies and Procedures ,
Popular ,
Required Documentation ,
Risk Management ,
Shareholders ,
Training