News & Analysis as of

Commercial Court

Advisory Council Proposes a Series of Commercial Division Rule Changes Aimed at Enhancing the Efficiency of Commercial Litigation

In a wave of rulemaking activity over the past week, the Office of Court Administration opened public comment on three significant changes to the Commercial Division Rules proposed by the Commercial Division Advisory Council....more

How a constitutional amendment is transforming litigation in Mexico

by Hogan Lovells on

In 2017, Mexico’s congress approved a key amendment to its Federal Commercial Code. The amendment is now driving dramatic changes to the country’s trial process. One of those changes — a shift from written to oral proceedings...more

Appeals Court Reinstates Derivative Claims Dismissed for Conflict of Interest Where Parties’ Relationship Not “Especially...

by Farrell Fritz, P.C. on

Almost always there are elements of acrimony and intense emotion in litigation between co-owners of closely held business entities. The degree of toxicity can vary widely from case to case, although it tends to show up more...more

When Is A Fraud Claim Duplicative Of A Breach Of Contract Claim?

by Farrell Fritz, P.C. on

Generally speaking, a fraud claim that is “duplicative” of a breach of contract claim will be dismissed. But when is a fraud claim sufficiently duplicative of a breach of contract claim so as to warrant its dismissal? The New...more

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction

On January 31, 2018, the Appellate Division, Second Department affirmed, in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s...more

English Court Takes a More Flexible Approach to Service of Proceedings on a Foreign State

by Dechert LLP on

A trend has emerged which demonstrates the London Commercial Court’s increasing willingness to adopt a pragmatic approach to the method of service of documents on a foreign State in appropriate cases, even though the...more

One 50% Shareholder Wants to Sell or Liquidate the Business. The Other Wants to Keep It Going. Is That Deadlock?

by Farrell Fritz, P.C. on

We call it deadlock dissolution when a 50% shareholder of a close corporation, who claims to be at an impasse with the other 50% shareholder, asks the court to dissolve and liquidate the corporation....more

Another Stern Reminder re: Judiciary Law § 470 is Alive and Well

by Farrell Fritz, P.C. on

Frequent readers of this blog may recall my post from the end of last year in which I highlighted a decision of the Appellate Division, First Department affirming a decision of New York County Commercial Division Justice...more

Check the Rules Part V – Motion and Pre-Trial Practice in Kings County and Other Helpful Resources

by Farrell Fritz, P.C. on

For the fifth installment of this blog’s ongoing “Check the Rules” series, we feature the individual practice or part rules of the Justices of the Kings County Commercial Division, particularly those recently instituted by...more

When Does Intentional Wrongdoing Render a “Limitation of Liability” Clause Unenforceable?

by Farrell Fritz, P.C. on

That was the issue presented to the Appellate Division, First Department in Electron Trading, LLC v. Morgan Stanley & Co. LLC, which was an appeal from the grant of defendant’s motion to dismiss a contractual claim seeking...more

Paris as an international jurisdiction: creation of chambers specialized in cross-border disputes

by White & Case LLP on

On 7 February 2018, in the presence of the French Minister of Justice, agreement protocols were signed by the Court of Appeal, the Commercial Court and the Paris Bar which provide for the creation of a specialist Chamber (or...more

Paris Commercial Court, Court of Appeal to Allow Pleading and Exhibits in English| Le tribunal de commerce et la cour d’appel de...

by Morgan Lewis on

Starting on March 1, 2018, parties to cases in two Paris courts will be entitled to plead in English and submit documents in English before French judges, with the potential for other languages to be used—and the potential to...more

State of Our Judiciary Address Announces E-Filing Rules for Appellate Divisions Affecting Commercial Cases

by Farrell Fritz, P.C. on

Chief Judge Janet DiFiore announced on Tuesday (February 6) in her State of Our Judiciary Address, that the Appellate Divisions in all four Departments will be rolling out electronic filing rules for certain cases. ...more

Not All “Repeated Discovery Failures” Lead to the Striking of a Pleading

by Farrell Fritz, P.C. on

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

How “Similar” is Similar Enough for New York Law to Trump a Choice-of-Law Provision?

In WL Ross & Co. v. Storper,[1] a recent Commercial Division decision involving the private equity firm founded by U.S. Secretary of Commerce Wilbur Ross, Justice Andrea Masley suggested that New York courts can disregard...more

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

by Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

Which Statute of Limitations Applies to Your Declaratory Judgment Action?

by Farrell Fritz, P.C. on

So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute of limitations in a declaratory judgment...more

Rare Partnership Dissolution Decision Applies Deadlock Standard to Dissolution Under Partnership Law

by Farrell Fritz, P.C. on

As LLCs have become the dominant form of closely-held business in New York, cases involving dissolution of partnerships have become more and more rare. Section 63 of the Partnership Law is the statute governing judicial...more

Litigation. Major Russian legislation changes for 2017

by Dentons on

Change in the rules for applying the mandatory pre-arbitration dispute resolution procedure when filing with Russian commercial courts - Amendments to Article 4(5) of the RF Commercial Procedure Code entered into force on...more

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...more

Be Sure to ‘Like’ This Summons on Facebook

by Farrell Fritz, P.C. on

My colleague Adam Rafsky’s astute post last week on Manhattan Commercial Division Justice Shirley Werner Kornreich’s recent reminder regarding the importance of proper service and claim viability when seeking a default...more

First Department Affirms that an LLC’s Operating Agreement Trumps Delaware Law

A unanimous panel of the Appellate Division, First Department recently affirmed a ruling by the Commercial Division dismissing causes of action against the ACE Group International LLC (“AGI”) brought by the estate of the...more

Special Proceeding Seeking a Judicial Decree to Dissolve an LLC

In Advanced 23, LLC v. Chambers House Partners, LLC, No. 650025/2016, 2017 BL 462831 (NY. Sup. Ct. Dec. 15, 2017), Justice Saliann Scarpulla of the Commercial Division ruled that Advanced 23, LLC (“Advanced”) and David...more

When Defendant’s Default Does NOT Warrant a Default Judgment

by Farrell Fritz, P.C. on

Default judgments are merely rubber-stamped when defendant fails to appear and/or answer, right? Wrong, as the New York County Commercial Division’s recent decision in Gutterman v. Stark (Hon. Shirley Werner Kornreich, J.)...more

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