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Pursuant to CPLR 3213, a plaintiff may commence an action “based upon an instrument for the payment of money only or upon any judgment” by filing a summons and motion for summary judgment in lieu of complaint. The statute...more
In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board (Thomson v. Essex School Board), the Court of Appeal for Ontario found that a “stepped” dispute resolution clause did not bar recourse to...more
The Colorado Court of Appeals recently clarified the scope of contractual fee-shifting provisions in lease agreements in an opinion, which may have broader implications for businesses with lease agreements or other similar...more
In this alert, we consider the recent judgment of the Frankfurt court declining to recognize the effects of the Aggregate group’s 2024 English restructuring plan in respect of certain of its German law-governed debts....more
In the world of youth sports, few moments are as exhilarating as a home run in a championship game. For 12-year-old M.R. of Haddonfield, New Jersey, that moment became the center of a legal controversy that captured national...more
The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti) on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the...more
On June 18, 2025, Justice Andrew Borrok of the Manhattan Commercial Division issued a post-trial decision in IGC 444 Park LLC et al. v. 444 PAS Restaurant Associates LLC et al., finding individual defendant David Moinian...more
The Hong Kong Court of First Instance rules that commencing Cayman winding-up proceedings did not breach the arbitration agreement, as such proceedings would not finally resolve the dispute....more
The UK High Court in White Rock Corp Ltd v Middle Volga Shipping Co [2025] has recently provided helpful clarification in relation to the “service out” jurisdictional gateway in CPR 6.33(2B)(c) in the context of the First...more
In August 2025, the Supreme Court of Ohio issued its decision in Huntington National Bank v. Schneider providing important guidance on the obligations of lenders in guaranty and suretyship relationships. The Court rejected...more
In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more
Franchising as a legal relationship has embraced mediation as a pre-filing requirement to a lawsuit or arbitration in many franchise agreements. So, how has it gone? Originally published in the ABA’s The Franchise Lawyer -...more
Metzger v. Strongsville Care Group, LLC (8th Dist.), 2025-Ohio-1732 - On May 15, 2025, the Ohio 8th District Court of Appeals held that when a judge takes over a case for another judge, the successor judge cannot rely on a...more
In DAZN Limited v Coupang Corp the English Court of Appeal has held that informal messages exchanged via WhatsApp and email were sufficient to form a binding contract to sublicence the broadcast rights to the 2025 FIFA Club...more
In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more
Consistent with the Commercial Division Advisory Council’s (“Advisory Council”) mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex commercial disputes...more
When Machines Discriminate: The Rise of AI Bias Lawsuits - Over the past three years, businesses in the United States have rapidly adopted artificial intelligence (“AI”) technology – defined broadly as the ability of...more
In the recent decision Soar.Earth Ltd v. Mahaffie, the U.S. District Court for the District of Colorado addressed what happens when competing forum selection and arbitration clauses in separate contracts apply to a single...more
Colorado, like most states, follows the “American Rule,” which requires parties to a lawsuit to pay their own legal expenses. There is a significant exception though, if the parties agree, in a contract clause known as a...more
The Alabama Supreme Court issued its weekly release list on Friday, August 22, which included two opinions of interest to the Alabama business community...more
This BLOG has written extensively on a wide variety of issues in the area of mortgage foreclosure. While we have not written about RPAPL 1304 in a while, it has been the subject of numerous articles in the past. By way of...more
The Court of Appeal for Bermuda has lately clarified two important aspects of the law of litigation costs in Bermuda: the test for indemnity costs and the availability of issue-based costs awards. In each respect the Court of...more
The Ohio Supreme Court overturned the First Appellate District’s ruling in Huntington National Bank v. Schneider (Case No. 2024-0208), clarifying when banks must disclose material information to loan guarantors. In a case...more
In the recent case before the English Commercial Court of Energyen Corp v HD Hyundai Heavy Industries Co Ltd [2025] EWHC 1586 (Comm), Justice David Foxton rejected a challenge to an ICC arbitration award under Section 67 of...more
Running a restaurant with business partners can be a rewarding venture, but partnerships don’t always go as planned. Disagreements, financial troubles, and breaches of fiduciary duty can create conflicts so severe that...more