New York law generally does not favor non-compete agreements, viewing them as unreasonable restraint of trade. As a result, New York courts apply a rigorous standard when deciding whether to enforce these restrictive...more
A recent decision from the Manhattan Commercial Division reminds us that although punitive damages are generally not recoverable in New York, certain circumstances require that they be awarded.
In Hall v Middleton,...more
1/23/2023
/ Blockchain ,
Breach of Duty ,
Commercial Court ,
Commercial Litigation ,
Cryptocurrency ,
Fiduciary Duty ,
Misappropriation ,
Ownership of Works ,
Patents ,
Proprietary Information ,
Punitive Damages ,
Smart Contracts
Courts continue to refer to federal Racketeering Influenced and Corrupt Organizations Act (“RICO”) claims as “potent weapons” that are equivalent to a “thermonuclear device” in cases involving criminal racketeering activity....more
In Castle Restoration & Constr., Inc. v Castle Restoration, LLC, Suffolk County Commercial Division Justice Elizabeth H. Emerson refused to enforce an oral agreement that allegedly modified a prior written agreement between...more
3/21/2022
/ Breach of Contract ,
Commercial Court ,
Commercial Litigation ,
Contract Drafting ,
Contract Terms ,
Default ,
Oral Modification ,
Promissory Notes ,
Sale of Assets ,
Statute of Frauds ,
Summary Judgment ,
Written Agreements
A few weeks ago, I blogged about the Arco Acquisitions, LLC, v Tiffany Plaza LLC et al. decision, in which Suffolk County Commercial Division Justice Elizabeth Hazlitt Emerson held that the plaintiff’s fraud claims were...more
Nobody likes fraud claims asserted against them. Thankfully for defendants, fraud claims are notoriously difficult to prove, and defendants often try to have these claims dismissed at the pleading stage....more
Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies. Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more
You now have to collect, review and produce documents pursuant to the preliminary conference order. And so, in collecting documents from the various custodians, it appears some of the documents contain truly “irrelevant”...more
A life lesson you likely heard growing up applies to contracts: take a hard look at yourself before criticizing others. By the same token, a party who is in material breach of a contract cannot succeed on a claim alleging an...more
Following the lead of several federal courts, hyperlinks in legal briefs in the Commercial Division appear to be well on the way! The Commercial Division Advisory Council (“Advisory Council”) has announced a new proposal,...more
Consider this situation: You are a shareholder of a company who is about to enter into a contract with a third party. But you know that this is a bad deal that will negatively impact the company....more
8/27/2019
/ Breach of Contract ,
Business Litigation ,
Cause of Action Accrual ,
Commercial Court ,
Failure To State A Claim ,
Financial Adviser ,
Motion to Dismiss ,
Shareholders ,
Statements of Economic Interest ,
Tortious Interference ,
Transaction Fees
We all know that understanding the law is a first step to good lawyering. But understanding what the particular judge assigned to your case likes and dislikes, and her pet peeves is just as important for your success as an...more
You have been engaged in extensive motion practice in the Supreme Court of the State of New York. You learn that your adversary, it appears, has taken a position contrary to the one taken in a prior proceeding. These...more
As a junior associate you do research and draft motion papers and yearn for the opportunity to argue your motion before the Court. But junior associates are usually not afforded such opportunities. ...more
Tired of printing hundreds of thousands of documents and carrying numerous boxes of documents to court? The New York Commercial Division has heard your cry. ...more
On June 5, 2018, in RKA Film Financing, LLC v. Kavanaugh et al., the First Department unanimously affirmed the Supreme Court, New York County’s decision absolving the United States Secretary of the Treasury, Steven Mnuchin,...more
So you entered into a Preliminary Conference and a Compliance Conference Order with your adversary whereby the parties have to exchange discovery by dates certain. The purpose of these orders is to save parties a significant...more