6 Things To Consider Before Litigation
The Justice Insiders Podcast - Demystifying Sentences for White Collar Crimes: What's Next for SBF
How to Prevent Executives from Saying the Wrong Thing When Testifying
The ABCs of Employee Theft [More With McGlinchey Ep. 7]
Balado Continuité – Audiences 2.0 : défis et solutions en litige commercial
The High Court in URE Energy v Notting Hill Genesis found that whether a party is aware of its termination right under a contract depends solely on the evidence and requires actual, not constructive, knowledge. However,...more
In dealing with a series of intertwined contracts, the English High Court found that the correct interpretation of a contract meant that an airline had had its obligations to make overdue payments terminated but then...more
In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more
In recent years, sustainability and ESG compliance have become pivotal factors in consumer purchasing decisions. The luxury fashion industry, as a significant contributor to CO2 emissions, faces increasing scrutiny in this...more
“[T]ime waits for no one,” sage Rolling Stones advice from 1974, doesn’t appear in Black’s Law Dictionary or result in frequent opinion cites for Keith Richards and Mick Jagger, the keen legal observers who wrote it. But it...more
As many practitioners are aware, the litigation process in New York often feels like a tortoise race, with many cases taking years to resolve. Section 3213 of the CPLR (“Summary Judgment in Lieu of Complaint”) is a bit of an...more
On October 30, 2024, in Alternative Global One, LLC v. Feingold, the New Jersey Appellate Division affirmed a trial court’s orders denying a New Jersey litigant’s motion to quash a subpoena for his deposition in underlying...more
Dow Jones & Company, Inc. and NYP Holdings, Inc. v. Perplexity AI, Inc. - Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs),...more
The onshore Dubai Court of Cassation (Commercial Appeal No. 735 of 2024, dated October 29, 2024) has held that a unilateral option to arbitrate, included within an asymmetrical jurisdiction clause, did not constitute a...more
On October 10, 2024, the Council of the EU adopted the new EU Directive on Liability for Defective Products, which replaces the previously applicable Product Liability Directive of 1985, thereby fundamentally changing the...more
When you live in the cannabis world, you have to keep your head on a swivel. While most areas of the law see incremental changes over years — if not decades — cannabis developments come by the day if not the hour. In the...more
As my colleague, Matt Donovan, recently blogged, it is essential for litigants to “play[] nice in the litigation sandbox” or risk facing the ire of the Justices in the Commercial Division. Many litigants might think they are...more
On October 30, the Dallas Business Court issued a long-awaited ruling of first impression, holding that Texas’ newly formed business courts have no jurisdiction over cases already in existence prior to September 1, 2024....more
As lawyers who often defend defamation suits, we know from experience that it’s not just media defendants who are sued for libel. Defamation suits are routinely filed against all sorts of businesses, arising from all kinds of...more
Artificial intelligence (AI) can provide invaluable assistance to the retail industry. With just a few taps on a keyboard, it can generate helpful product descriptions for online storefronts. For the small business on a...more
A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The...more
Having recently set our clocks back at the end of this year’s Daylight Saving Time, we here at New York Commercial Division Practice wanted to alert our readers to an upcoming, decidedly forward-looking NY bar event....more
Frequently obtained, but rarely challenged, dissolution orders are an important final step in the process of liquidation. Dissolution represents the end of an official liquidation and the end of a company’s life. In a...more
A federal court in West Virginia has ruled – in case you had any doubts – that using an independent contractor to transport your product may not protect you from the exposure when 1,728 gallons of your hydrochloric acid...more
On September 1, 2024, a notable change occurred in the Texas legal landscape with the official launch of the new Texas Business Courts. Created through House Bill 19, which was signed into law on June 9, 2023, these 11 civil...more
Six Considerations 1) What you hope to get out of litigation (01:50) 2) Disruption litigation can cause to daily business operations (05:52) 3) Consider the effects litigation will have to your business outside the...more
There are a variety of information gathering and other compulsory notices available to regulatory and enforcement agencies based in the Cayman Islands, as tools these agencies can draw on to carry out their functions. In this...more
The Delaware Court of Chancery has weighed in on a number of recent cases interpreting earnout provisions in transactional agreements. The Court has demonstrated a reluctance to rule against seller-plaintiffs during the...more
A version of this article was previously published in the Michigan Defense Quarterly, Vol. 41, No. 1 (2024). It is well-established that consent judgments and orders are not appealable, so parties should always be cautious...more
A recent decision in the Commercial Division of the Supreme Court, New York County, emphasizes the importance of clear and unambiguous contract drafting in all lending situations, including real estate. Acting Supreme Court...more