New York Business Corporation Law (“BCL”) sections 1104 and 1104-a permit shareholders holding a certain percentage of shares in a corporation to petition for judicial dissolution of that corporation....more
The New York Division of Human Rights (“DHR”) has recently updated its model anti-harassment policy and model training materials for New York employers. As a refresher, since 2018, all New York employers have been required...more
In late 2022, Congress passed the Pregnant Workers Fairness Act (“PWFA”), which expands federal protections for pregnant employees and applicants by requiring covered employers to provide “reasonable accommodations” for an...more
The Albany County Commercial Division has finally taken a years-long, intra-family dispute over the sale of several upstate Dunkin’ Donuts coffee shops off the boil. On February 9, 2023, Justice Richard Platkin granted...more
In Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., Justice Platkin of the Albany County Commercial Division denied defendants’ fact-based motion to dismiss brought under CPLR 3211(a)(7) (failure to state a claim) and...more
Section 11 of the Securities Act of 1933 (“the 1933 Act”) imposes three independent bases of liability for issuers of securities offerings. Issuers of security offerings are liable for (1) misrepresenting a material fact in...more
The Commercial Division’s decision in Five Star Elec. Corp. v. Silverite Constr. Co. Inc. demonstrates the narrow scope, and strict interpretation, of no-damages for delay provisions in a contract. In Five Star, New York...more
The Commercial Division’s decision in Magnetic Parts Trading Limited v. National Air Cargo Group, Inc[1] demonstrates the flexibility and leniency courts embody when adjudicating motions to amend pleadings. In Magnetic Parts,...more
To state a claim for fraudulent misrepresentation in New York, the plaintiff typically must allege that the defendant made a false statement to the plaintiff. But what if the defendant made the disputed statement to a third...more
On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021” (the “Act”). The Act amends the Federal Arbitration Act (the “FAA”) to give individuals asserting...more
On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 workplace guidance. Most notably, the EEOC now requires that employers assess whether current pandemic circumstances and...more
On May 12, 2022, the New York City Commission on Human Rights (“NYCCHR”) released a fact sheet providing guidance on the amended NYC salary transparency law, which is currently set to take effect on November 1, 2022. As we...more
Earlier this year, in In re New York State Dept. of Health (Rusi Tech. Co., Ltd.), Albany County Commercial Division Justice Richard Platkin issued a decision to permanently stay the arbitration before the China International...more
A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions. The decision in Amherst...more
On April 28, 2022, the New York City Council passed an amendment, Int. No. 134-A, to the New York City salary transparency law. The amendment was signed into law by Mayor Adams on May 12, 2022. The salary transparency law...more
The First Department’s recent decision in Zhang Chang v. Phillips Auctioneers LLC seems to have ended the long, turbulent dispute over Gerhard Richter’s 1963 painting of a fighter jet, Düsenjäger. The decision affirmed the...more
A recent ruling in the Suffolk County Commercial Division highlights the risk a party faces when agreeing to, and later attempting to, enforce an oral modification to a written contract. In Castle Restoration LLC v. Castle...more
Senate Bill S2628 went into effect on May 7, 2022. The bill, which was signed into law by Governor Hochul on November 8, 2021, requires all private sector employers—regardless of size, number of employees, or entity type—to...more
In Real Estate Webmasters Inc. v. Rodeo Realty, Inc., Justice Richard Platkin of the Albany County Commercial Division granted plaintiff’s motion to strike Rodeo’s jury demand in connection with Real Estate Webmasters Inc.’s...more
Citing “substantial documentary evidence” consisting of emails and letters, Justice Borrok of Manhattan’s Commercial Division concluded that a legal malpractice claim brought by former president of Universal Music Group’s...more
On March 22, 2022, the New York City Commission on Human Rights (“NYCCHR”) released a fact sheet providing guidance on the NYC salary transparency law, which is currently set to take effect on May 15, 2022. As we wrote about...more
On April 11, 2022, the New York State Unified Court System will adopt additional rules and guidelines for Electronically Stored Information (“ESI”). As we explained in our earlier post on these changes, “[t]he goal of the...more
On May 5, 2021, New York enacted the New York Health and Essential Rights Act, or NY HERO Act (“the Act”), which is aimed at curbing the spread of airborne infectious diseases in the workplace. In September 2021, the New York...more
The Commercial Division’s decision in Rockmore v. Plastic Surgery Associates, LLP demonstrates the broad scope of ERISA preemption and the difficulty of pleading breach of fiduciary duty and conversion claims alongside breach...more
New York’s maze-like trial court system includes 11 separate trial courts, the most in the country. As New York practitioners are well aware, a single dispute may require a litigant to file related claims in multiple courts,...more