Your company is invited by a local meetup group to present at demo day with other startups, and you accept. The group announces the demo day lineup of startups in an e-blast, on its website, on its Facebook page and through…
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/ Business Organizations, Communications & Media Law, Finance & Banking, Securities Law
It’s difficult to assess the potency of section 417(a) of New York’s LLC law. The provision starts off with a seemingly broad rule: “The operating agreement may set forth a provision eliminating or limiting the personal…
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/ Bankruptcy, Business Organizations, Commercial Law & Contracts
The Commercial Division Advisory Council (“Advisory Council”) is consistently looking to implement and amend new rules to enhance practice in the Commercial Division. On June 11, 2025, the Advisory Council proposed adding a new…
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/ Administrative Law, Commercial Law & Contracts, Law Practice Products & Services, Science, Computers, & Technology
Developing land on Long Island can present a number of challenges that all developers should be aware of. From complex zoning ordinances to state environmental regulations, there is no shortage of obstacles that may delay a…
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/ Construction Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial
“Down the ridiculous rabbit hole,” “magical math,” “smoke and mirrors,” “sixteen-year charade.” That’s how the plaintiff’s post-trial brief in Becker v Perla described the defendant’s reverse-field disavowal of his sworn…
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/ Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
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…
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/ Civil Procedure, Commercial Law & Contracts, International Law & Trade
The third Tuesday in May marks the end of the Suffolk County, Nassau County and New York City annual grievance filing season and the beginning of administrative hearings and deliberations that could yield significant settlement…
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/ Administrative Law, Real Estate - Commercial, Taxation
New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA § 1407…
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/ Civil Procedure, Wills, Trusts, & Estate Planning
Pre-answer motions to dismiss for untimeliness are exceptionally common in business divorce litigation. Statute of limitations analysis can be deceptively simple in theory, but elusively difficult in practice, even for veteran…
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/ Business Organizations, Business Torts, Civil Procedure, Commercial Law & Contracts
A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In…
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/ Civil Procedure, Commercial Law & Contracts, Conflict of Laws
On May 22, 2025, the U.S. House of Representatives passed President Trump’s One, Big, Beautiful Bill. The bill now awaits approval by the Senate. One of the various goals of the bill is to extend the Tax Cuts and Jobs Act’s…
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/ Taxation, Wills, Trusts, & Estate Planning
Shareholder oppression has long been a favorite topic of mine—for good reason. A cornerstone of business divorce litigation, a claim of minority shareholder oppression under BCL 1104-a often invites creative argument over…
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/ Business Organizations, Commercial Law & Contracts
Under Rule 37 of the Rules of the Commercial Division, the court may order a remote deposition upon (1) consent of the parties, or upon (2) a motion showing good cause…
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/ Civil Procedure, Commercial Law & Contracts
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so is…
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/ Family Law, Wills, Trusts, & Estate Planning
Imagine you’re a private equity firm. You buy a company, and you want to retain and incentivize key employees, so you give them some equity in the form of incentive units. You also want to prevent them from running off and…
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/ Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions
