How often do hopeful beneficiaries of a last will and testament expect to receive what they think will be a valuable bequest of a business interest, only to find their joy turn to despair when they discover the bequest violates…
more
/ Business Organizations, Commercial Law & Contracts, Wills, Trusts, & Estate Planning
Under CPLR 7502(c), a court in “the county in which an arbitration is pending…[is permitted to] entertain an application…for a preliminary injunction in connection with an arbitration that is pending or that is to be commenced…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking
In the world of business divorce litigation, this summer saw everything but a slowdown. We witnessed (and blogged about) Justice Crane cap a long-running fair value proceeding with helpful guidance on appraisals and discounts,…
more
/ Business Organizations, Commercial Law & Contracts, Business Torts
Lawyers practicing in the Commercial Division are keenly aware of issues related to attorneys’ fee awards in commercial cases. Commercial agreements commonly contain a provision awarding attorneys’ fees to a prevailing party in…
more
/ Civil Procedure, Commercial Law & Contracts
What is TIRSA? The Title Insurance Rate Service Association (TIRSA) is an organization licensed by the New York State Department of Financial Services that provides guidelines for the pricing and availability of title insurance…
more
/ Finance & Banking, Insurance, Real Estate - Commercial, Real Estate - Residential
On Tuesday, August 20, 2024, the United States District Court in Texas found the FTC rule banning non-compete agreements to be “arbitrary and capricious.”…
more
/ Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law
The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges) are…
more
/ Business Organizations, Business Torts, Civil Procedure, Commercial Law & Contracts, Securities Law
If Sisyphus were a judge, he’d be assigned the Fuks case. Fuks began on December 26, 1996. Fire up your mental time machine, travel back in time, and picture what was going on in your life those many years ago…
more
/ Business Torts, Civil Remedies, Commercial Law & Contracts
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
/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
On June 6, 2024, the Supreme Court unanimously decided the case of Connelly v. United States, which concerned the valuation of a business with company-owned life insurance. In this case, two brothers were the sole shareholders…
more
/ Business Organizations, Insurance, Taxation, Wills, Trusts, & Estate Planning
In City of New York v Ball, 2024 NY Slip Op 24179 [Sup Ct, Albany County 2024], the Albany County Supreme Court upheld a determination of the Commissioner (“Commissioner”) of the Department of Agriculture and Markets…
more
/ Administrative Law, Agriculture, Zoning, Planning & Land Use
“It all started when the distributions stopped.” In my travels as a business divorce litigator, I’ve seen many disputes between LLC co-owners that begin with that message. A minority owner is content to remain a “silent…
more
/ Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions
As readers of this blog no doubt are aware, clients sometimes take a “shoot first, ask questions later” approach during the early stages of litigation. This is especially true when bringing a CPLR 3213 motion for summary…
more
/ Business Torts, Civil Procedure, Commercial Law & Contracts
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overruled its decision from a 1984 case and eliminated the doctrine of “Chevron deference.” Under this doctrine, courts deferred to permissible…
more
/ Administrative Law, Business Organizations, Taxation
Welcome to this 14th annual edition of Summer Shorts. This year’s edition features brief commentary on three recent decisions by New York courts in business divorce cases. The featured cases involve a suit pitting three siblings…
more
/ Bankruptcy, Business Organizations, Commercial Law & Contracts, Mergers & Acquisitions
