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Commercial Litigation Business Disputes

JAMS

Control, Creativity, Closure: The Mediation Advantage

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In a world rife with conflict—commercial, interpersonal, organizational and beyond—the need for effective dispute resolution has never been greater. Judge Morton Denlow, a retired U.S. Magistrate Judge, offers this...more

Mayer Brown

Arbitration Act 2025 in Force from 1 August 2025 – What You Need to Know

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On 1 August 2025, the Arbitration Act 2025 ("2025 Act") will come fully into force1.  The 2025 Act revamps the arbitration framework for England, Wales and Northern Ireland (through amendments to the Arbitration Act 1996)....more

DarrowEverett LLP

Game Changer: Rule 11-h Reshapes New York Complex Business Disputes

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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

Carlton Fields

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

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The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

Jones Day

Earnouts in M&A Transactions: Recent Decisions From Delaware

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In 2024, Delaware courts issued multiple instructive decisions on earnout provisions in life sciences M&A transactions. ...more

Latham & Watkins LLP

Hong Kong International Arbitration Centre Releases 2024 Annual Statistics

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The statistics show a robust demand for arbitration and reflect Hong Kong’s importance as an arbitral venue for resolving cross-border commercial disputes. On 20 February 2025, the Hong Kong International Arbitration...more

Farrell Fritz, P.C.

Commercial Division Clarifies Standards for Sealing Court Records in Business Disputes

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In a recent decision, the New York County Commercial Division reaffirmed the high bar that parties must meet when attempting to seal court documents in business disputes. In Linkable Networks, Inc. v. Mastercard Inc., the...more

Farrell Fritz, P.C.

Top 10 Business Divorce Cases of 2024

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Welcome to our 17th annual edition of the Top 10 business divorce cases featured on this blog over the past year. This year’s selections buck the trend of previous years in which cases involving limited liability...more

Mayer Brown

New Ruling Limits Jurisdiction of Texas Business Courts

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On October 30, the Dallas Business Court issued a long-awaited ruling of first impression, holding that Texas’ newly formed business courts have no jurisdiction over cases already in existence prior to September 1, 2024....more

Vinson & Elkins LLP

A Closer Look at the New Texas Business Courts: Key Developments and Insights

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On September 1, 2024, a notable change occurred in the Texas legal landscape with the official launch of the new Texas Business Courts. Created through House Bill 19, which was signed into law on June 9, 2023, these 11 civil...more

BakerHostetler

The Business Courts’ Gavels Are in Full Swing

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As we previously reported, the Texas Business Courts became effective on September 1, 2024. Between the passage of House Bill 19, which created the Business Courts, and September 1, significant preparations were made for the...more

Troutman Pepper Locke

The Texas Business Court’s First Thirty Days

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The Texas Business Court opened September 1, 2024. In the months before the specialized trial court opened, Governor Abbott appointed ten judges to hear cases in five of Texas’ eleven Judicial Administrative Regions, serving...more

Jones Day

Additional Limitations on Forum Selection Clauses in Contracts Subject to the Jurisdiction of the "Brazilian Courts"

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Because the Brazilian president enacted a federal law restricting the right of contracting parties to choose a specific forum for contract disputes, parties should consider their litigation strategies and review existing...more

Farrell Fritz, P.C.

Save the Date:  An Evening with New York’s Commercial Division Justices on September 12, 2024

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As summer winds down, ComDiv practitioners no doubt will soon be gearing up for the upcoming fall and winter months. Time again to trade in your flip-flops for legal pads. The year-end push will soon be upon us....more

Vinson & Elkins LLP

Everything You Need to Know About Texas’s Business Courts

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The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes. ...more

Vinson & Elkins LLP

Texas Business Court Could Make Litigation Faster, More Efficient

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Texas’ new business court, which the state hopes will make complex litigation more efficient, opens in less than four months. And while there’s still uncertainty about how the court will operate, its structure and the Texas...more

Skadden, Arps, Slate, Meagher & Flom LLP

Delaware Supreme Court Clarifies Standards Applicable To Advance Notice Bylaws

On July 11, 2024, the Supreme Court of Delaware, en banc, issued an important decision in Kellner v. AIM Immunotech Inc.,1 which arose from a challenge in the Delaware Court of Chancery involving advance notice bylaws that...more

Farrell Fritz, P.C.

Injunction Junction, What’s Your Function?

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Commercial litigants often seek the provisional and equitable remedy of a preliminary injunction under Article 63 of the CPLR to protect the client’s rights that are difficult to monetize and quantify. The relief sought...more

Farrell Fritz, P.C.

No Deceit, No Defeat: Commercial Division Enforces Broad General Release

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A recent decision from Justice Fidel Gomez of the Bronx County Commercial Division, 1125 Morris Ave. Realty LLC v Title Issues Agency LLC, reminds us to closely review the language of general releases as New York courts...more

Farrell Fritz, P.C.

Where’s the Beef? Causation and Culpability Are Fatal Pitfalls in Zaycon Foods Lawsuit

Farrell Fritz, P.C. on

When representing an aggrieved plaintiff in a commercial matter, there are certain business torts that I tend to rely on more heavily than others.  If business torts were foods, for example, a claim like breach of contract...more

Hendershot Cowart P.C.

New Business Courts Coming To Texas

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On June 9, 2023, Texas Governor Abbot signed House Bill 19 (HB 19) into law, prompting the creation of a new court system in Texas dedicated to resolving business disputes. The law took effect on September 1, 2023, but the...more

Goodell, DeVries, Leech & Dann, LLP

Aiyo! Ruminations on Two Disputes that Weren’t

The two incidents I relate here may seem improbable coming from an attorney whose livelihood is in civil litigation, but they are both true. At least, one is. I know because it happened in front of me. The other was told to...more

Farrell Fritz, P.C.

What’s Your Contribution? A Cautionary Tale Surrounding Third-Party Complaints

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As many practitioners know, it is common to dismiss a complaint for pleading defects that are readily apparent.  However, another type of complaint has recently caused a significant amount of confusion in the Commercial...more

Farrell Fritz, P.C.

New York LLC Caselaw’s Greatest Hits

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I recently had the privilege of speaking to an audience of judges of the New York Supreme Court Commercial Division at Fordham Law School’s Eileen Bransten Institute on Complex Commercial Litigation. Naturally, the topic was...more

BCLP

Disputes in Focus: Quick Q&A on International Disputes - Important Points to Note

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According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party. Despite the increasing frequency...more

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