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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
Sometimes a judge or jury finds against you, and you must decide whether and how to appeal. But not every court ruling can be appealed. And not every appeal can make it all the way to a state’s highest court or to the U.S....more
Cross-border legal disputes are a fixture of our global economy. As a result, companies headquartered outside of the United States often find themselves involved in U.S.-based litigation or arbitration. This experience is...more
In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more
Frequent readers of this blog know that we are not shy in acknowledging the Commercial Division’s status as the leading forum for resolving complex business disputes. This reputation can be, in part, largely attributed to the...more
A recent decision from New York County Commercial Division Justice Joel M. Cohen highlights the hurdles that defendants face in trying to assert a fraudulent inducement defense to a breach of contract claim. Justice Cohen’s...more