The last time we featured a notable decision on a claim for dissolution of a restaurant-operating LLC was in 2017, with a post by Frank McRoberts titled, “LLC’s Purpose Being Achieved? Business Doing Fine? Good Luck Getting...more
Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege. Enacted in 2014, Rule 11-b substantially streamlines the privilege log process by encouraging...more
It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those protocols, and they remain the preferred forum...more
11/10/2022
/ Business Litigation ,
Comment Period ,
Commercial Court ,
Depositions ,
Evidence ,
Judicial Proceedings ,
Litigation Strategies ,
New York ,
Public Comment ,
Remote Proceedings ,
Rules of Court
Litigation in the Commercial Division is efficient and effective in part because its judges strictly enforce the Commercial Division Rules. Those unsure can peruse Matt Donovan’s “Check the Rules” series on this blog,...more
As we approach the 30th Anniversary of New York’s Commercial Division, it’s fair to say that over those 30 years, the Commercial Division has held true to its aim of improving the efficiency and judicial treatment of complex...more
In an earlier post, I offered a broader-than-usual overview of certain key rights that a minority owner holds in a closely-held business: the right to vote on company action, the right to inspect books and records, the right...more
In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote...more
Commercial Division justices have been trailblazers in the bench’s efforts to improve the diversity and inclusiveness of the attorneys appearing before them. For example, many Commercial Division justices include in their...more
The New York Commercial Division was created in 1993 “to test whether it would be possible, by concentrating on commercial litigation, to improve the efficiency with which such matters were addressed by the court and, at the...more
In 2015, our colleagues in the white-collar criminal defense bar braced for the impact of a memorandum penned by then Deputy Attorney General Sally Yates. The Yates Memo encouraged both federal prosecutors and civil...more
9/16/2020
/ Commercial Court ,
Consultants ,
Contract Terms ,
Corporate Misconduct ,
Defense Strategies ,
Derivatives ,
Deutsche Bank ,
Financial Crisis ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements ,
Third-Party ,
Unconscionable Contracts ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes ,
Yates Memorandum
As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology. These requests highlight the...more
1/30/2020
/ Algorithmic Trading ,
Breach of Contract ,
Business Litigation ,
Coding ,
Commercial Court ,
Confidentiality Agreements ,
Counterclaims ,
Defamation ,
Discovery ,
Discovery Disputes ,
High Frequency Trading ,
Joint Venture ,
Litigation Strategies ,
Non-Disclosure Agreement ,
Proprietary Information ,
Reversal ,
Securities Transactions ,
Trading Platforms