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
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