Piggybacking off of the success of its 2022 and 2023 lecture series, the Commercial Division Advisory Council held its third annual lunchtime Zoom lecture series during June for summer interns working with Commercial Division...more
Here at New York Commercial Division Practice, my colleagues and I have waxed poetic about New York’s Commercial Division, the nation’s first general trial court devoted exclusively to business litigation, by repeatedly...more
Commercial litigants often seek the provisional and equitable remedy of a preliminary injunction under Article 63 of the CPLR to protect the client’s rights that are difficult to monetize and quantify. The relief sought...more
The COVID-19 pandemic has unsurprisingly resulted in many people in the business community, including lawyers, transacting business remotely. With that uptick comes more contracts utilizing electronic signatures and remote...more
As any practitioner litigating a case before the Commercial Division knows, and as we have mentioned time and again on this blog, it is critical to know the Part Rules of the particular judge assigned to your case. But...more
3/31/2023
/ Business Litigation ,
Client Services ,
Commercial Court ,
Commercial Litigation ,
Judges ,
Judicial Proceedings ,
Law Firm Associates ,
Law Firm Partners ,
Rules of Court ,
Trial Practice Guidance ,
Trial Preparation ,
Young Lawyers
An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine. A new proposal proffered by the Commercial Division Advisory Council (“CDAC”), put out for...more
It’s not often that a lawsuit in the Commercial Division between sophisticated parties to an arm’s-length business transaction warrants a blistering rebuke of the parties by the Court....more
12/13/2021
/ Arms Length Transactions ,
Breach of Contract ,
Buyers ,
Corporate Sales Transactions ,
Covenant of Good Faith and Fair Dealing ,
Implied Covenants ,
Injunctive Relief ,
Membership Interest ,
Performance Standards ,
Purchase Agreement ,
Sellers
As we’ve mentioned time and again on this blog, since its inception in 1995, New York’s Commercial Division has continued to not only be a leader in developing and shaping commercial law, but it is also on the forefront of...more
10/14/2021
/ Business Litigation ,
Comment Period ,
Commercial Court ,
Commercial Litigation ,
Discovery ,
Judicial Proceedings ,
Proportionality ,
Reasonableness Factors ,
Rule 11 ,
Rulemaking Process ,
Rules of Court
A reminder to practitioners: when a contract is unambiguous, the submission of a hurricane of extrinsic evidence to “interpret” it on a pre-answer motion to dismiss won’t fly....more
When someone releases another from claims, he is relinquishing his right to sue in connection with the subject of the release. So long as it is not procured by fraud, New York courts will generally enforce broad general...more
A critical inquiry to be considered at the outset of any litigation is whether the party seeking relief is, in fact, a proper party to seek the court’s adjudication of the dispute. ...more
The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more
1/29/2021
/ Business Litigation ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impossibility ,
Infectious Diseases ,
Landlords ,
Rent ,
Rental Property ,
Retailers ,
Risk Allocation ,
Tenants ,
Victoria Secret