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Commercial Division Rules Revamp Encourages International Arbitration Matters In The New York County Commercial Division

The Commercial Division Advisory Council continued its revamp of the Commercial Division Rules on October 14, 2015, when it implemented amendments to 22 NYCRR § 202.70(b) and (c). As we discussed in this blog when the...more

Keeping Up With The Commercial Division(s)

The past year has been a busy time for anyone keeping up with the Rules for the Commercial Division of the New York State Court System. The Commercial Division Advisory Council, led by Justice Eileen Bransten, has been...more

Second Circuit Holds RMBS-issued Certificates Are Exempt from the TIA

On December 23, 2014, the United States Court of Appeals for the Second Circuit issued an opinion on an issue of first impression, namely the scope of § 304(a)(2) of the Trust Indenture Act of 1939, 15 U.S.C. §§ 77aaa-77aaaa...more

Second Circuit Holds Forum Selection Clause Supersedes FINRA’s Mandatory Arbitration Rule

In Goldman, Sachs & Co. v. Golden Empire Schools Financing Authority, No. 13-797-cv, 2014 WL 4099289 (2d Cir. Aug. 21, 2014), the United States Court of Appeals for the Second Circuit held that a forum selection clause in a...more

TCPA Class Actions Coming To New York

A recent decision by the U.S. Court of Appeals for the Second Circuit may lead to a wave of class action litigation in New York under the Telephone Consumer Protection Act (“TCPA”). See Todd Bank v. Independence Energy Grp....more

12/16/2013  /  Class Action , SCOTUS , TCPA

All Residential Mortgage Backed Securities Cases To Be Assigned To Justice Friedman of the Commercial Division

As reported yesterday in the New York Law Journal, Justice Marcy Friedman of the Commercial Division in Manhattan will now be assigned any new case filed in New York Supreme Court that alleges fraud or misrepresentation...more

6/10/2013  /  Fraud , Misrepresentation , RMBS

Personal Jurisdiction From E-Contacts Remains An Unpredictable Issue

Originally published in the New York Law Journal on February 25, 2013. Advances in technology continue to have an interesting and quixotic effect on the way in which courts grapple with personal jurisdiction. Commercial...more

Executive Order Suspending New York State Statutes of Limitations To Expire on December 25, 2012

Updating our blog post from November 7, 2012, Governor Andrew Cuomo issued Executive Order 81 on November 20, 2012. Executive Order 81 states that “[t]he suspension of provisions of law ordered by Executive Order Number 52...more

12/18/2012  /  CPLR , Statute of Limitations

Commercial Division Denies Oral Modification and Grants Summary Judgment in Lieu of Complaint

In HCG Mezzanine Dev. Fund, L.P. v. Jreck Holdings, LLC, Index No. 652797/2011 (N.Y. Sup., N.Y. Cnty. Oct. 26, 2012), the New York Supreme Court (Kornreich, J.) granted Plaintiff HCG Mezzanine Development Fund, L.P.’s (HCG)...more

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