When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it’s jurisdictional. As many readers of this blog are aware, CPLR 308 authorizes alternate service methods...more
Although discretionary, it is well-known among commercial practitioners that the Commercial Division justices generally like a Rule 19-a statement of material facts included with the submission of a summary judgment motion....more
Whether in employment agreements or business transactions, drafters often include certain clauses within these documents to protect their client if litigation arises (e.g., arbitration clauses, forum- selection clauses)....more
The old game of “hide-and-seek” brings many of us back to our childhood as one of our favorite ways to pass time during the summer. As commercial practitioners know, the concept of serving a summons and complaint in a case...more
Commercial Division Rule 11-f establishes that a party may serve a notice or subpoena on any legal or commercial entity. Upon receiving this notice, the responding party must then designate and produce a corporate...more
It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more
The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more
7/29/2021
/ Breach of Contract ,
Business Interruption ,
Commercial Court ,
Commercial Insurance Policies ,
Contract Terms ,
CPLR ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Exclusive Jurisdiction ,
Forum Selection ,
Insurance Claims ,
Transfer of Venue ,
Unjust Enrichment ,
Venue