Topics Advocacy Good Cause or Gamesmanship: A Review of “Good Cause” in the Commercial DivisionNobody Beats the Biz: The ACC’s Advocacy for Commercial Courts Alternative Dispute Resolution A New Opportunity to Settle Your Case Quickly with Your Adversary on the Way to CourtCommercial Division Holds Nonsignatories Are Bound By Agreement's Arbitration Clause Annual Report The Chief Administrative Judge's 2023 Annual Report, the State of the Commercial Division, and Other ComDiv Goings-On Appeals Oral Modifications to Written Agreements? Better Get Them in Writing Says the Commercial DivisionBuyer's Remorse Does Not Constitute Duress, Holds First Department Arbitration Absent a Final Arbitration Award, an Arbitration Clause Is Not a “Get Out of Court Free” Card under CPLR 3211Don’t Count on a Court as a Fail-Safe: Commercial Division Reiterates the High Burden to Overturn an Arbitrator’s Award Artificial Intelligence The More Things Change, the More They Stay the Same: Proposed Rule Expands Attorneys’ Duty to Check For Errors Resulting From Generative AI UseA Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAI Attorney Client Privilege Rattling the Attorney-Client Privilege Cage – A Lesson in Avoiding Waiver of Privilege under the Common-Interest DoctrineKeep it Secret, Keep it Safe: Commercial Division Protects Corporate Client Communications Under the Common-Interest Doctrine Attorney-Client Relationship Rattling the Attorney-Client Privilege Cage – A Lesson in Avoiding Waiver of Privilege under the Common-Interest DoctrineThe Attorney-Client Privilege (Re) Re-Visited Bankruptcy Happenings from the NYSBA Commercial and Federal Litigation Section Spring 2024 Meeting Board of Directions Bankruptcy, Board Conduct, and Fiduciary Duty: Key Takeaways from Ragab v. SHR Capital Partners LLCIt’s Time to CO-OPerate: Commercial Division Refuses to Overturn Election of Board of Directors Books and records The Rights of Minority Owners in Closely-Held BusinessesPandemic Aftermath: The Rise Of Interstate Depositions And Discovery Breach of Contract Out-of-State, Out of Luck: Commercial Division Justice Dismisses PPE Suit for Lack of JurisdictionThe Evidence Behind E-SIGS Business Corporation Law It’s Time to CO-OPerate: Commercial Division Refuses to Overturn Election of Board of Directors Business entities It’s Time to CO-OPerate: Commercial Division Refuses to Overturn Election of Board of Directors Business Torts Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release EnforcementWhere’s the Beef? Causation and Culpability Are Fatal Pitfalls in Zaycon Foods Lawsuit Class Action Don’t Count on a Court as a Fail-Safe: Commercial Division Reiterates the High Burden to Overturn an Arbitrator’s AwardClass Action Lawsuit Dismissed: Commercial Division Finds Company's Alleged Misrepresentations and Omissions During Stock Sale Non-Actionable Under Securities Law ComFed Spring Meeting Happenings from the NYSBA Commercial and Federal Litigation Section Spring 2024 Meeting Commercial Division Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release EnforcementYou've Got Mail (But No Deal) -- Commercial Division Denies Enforcement of Settlement Based on Email Exchange Commercial Division Advisory Council New Rule Proposal Encourages Use of Virtual Evidence Courtrooms in New York Commercial DivisionA Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAI Commercial Division Rules The More Things Change, the More They Stay the Same: Proposed Rule Expands Attorneys’ Duty to Check For Errors Resulting From Generative AI UseRules Have Teeth: Discovery Motion Denied Over Noncompliance with Commercial Division Rule 14 commercial leases A New(ish) Face in the Bronx County Commercial DivisionFirst Step in Successfully Fending off a Yellowstone Application: Be Sure To Give Valid Notice of Default commercial real estate A New(ish) Face in the Bronx County Commercial DivisionAn Interesting Tale of New York’s One-Action Rule Common Interest Privilege Rattling the Attorney-Client Privilege Cage – A Lesson in Avoiding Waiver of Privilege under the Common-Interest DoctrineWithholding Discovery Based On Common Interest Privilege: Can You Prove "Reasonably Anticipated" Litigation? Conflict of Laws Commercial Division Says, “Nope, Not Enough” When Using Local Counsel to Establish Personal JurisdictionNew York’s Long-Arm Statute Thwarts Dismissal In International Shareholder Derivative Action conflicts of interest Context Matters: Commercial Division Declines Application of the Business Judgment Rule in a Going-Private Merger Transaction.Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements Cooperative It’s Time to CO-OPerate: Commercial Division Refuses to Overturn Election of Board of Directors Court Administration The Commercial Division Proposes a Monetary Threshold for Equitable and Declaratory Relief: Implications and InsightsRule Change Redux, 2022 Edition Courtroom Technology New Rule Proposal Encourages Use of Virtual Evidence Courtrooms in New York Commercial DivisionLitigating in the Digital Age: How to Succeed in Justice Driscoll's Electronic Courtroom Defenses When Additional Obligations Don't Derail CPLR 3213: Commercial Division Clarifies the TestAltering a Confession of Judgment? Think Again! Depositions Remote Possibilities: Establishing Good Cause for Virtual Depositions in the Commercial DivisionA Deposition Wake Up Call: Commercial Division Strikes Pleading for Repeated Failure to Appear for a Deposition Derivative Actions Context Matters: Commercial Division Declines Application of the Business Judgment Rule in a Going-Private Merger Transaction.Limitations on the Rights of Minority Owners in Closely-Held Businesses Disclosure Getting Ahead of Discovery: Can Amended Rule 11 Streamline Commercial Litigation?To Disclose or Not to Disclose: The Importance of Putting Everything in Writing disclosure statements Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements Discovery Rules Have Teeth: Discovery Motion Denied Over Noncompliance with Commercial Division Rule 14New Rule Proposal Encourages Use of Virtual Evidence Courtrooms in New York Commercial Division Expert disclosure Court Permits Expert Reports with Disclosure Gaps but Recognizes Limits on Trial TestimonyNote to ComDiv Practitioners: There's Teeth Behind Them Thar Rules Good Cause Good Cause or Gamesmanship: A Review of “Good Cause” in the Commercial Division Injunctions Non-Compete Fight Yields Mixed Results in Cabrita v. Vitabyte, Inc.A Good Lawyer Knows the Law; A Great Lawyer Also Knows the Local Rules Insurance Can You Assign Your Rights Under an Insurance Contract that Prohibits Assignment? Only for Prior, Fixed LossesThe Commercial Division Continues to Rule Against Businesses Seeking Financial Relief Amidst COVID-19 Shutdowns Joint Venture Joint Venture Agreements: For Better or For Worse; In Profit or In Loss Jurisdiction No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308Out-of-State, Out of Luck: Commercial Division Justice Dismisses PPE Suit for Lack of Jurisdiction Jury Demand Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye! Legal Education The Chief Administrative Judge's 2023 Annual Report, the State of the Commercial Division, and Other ComDiv Goings-On Liability Commercial Division Recognizes Successor Liability as Separate Cause of Action, Not Just a Theory of LiabilityProximate Cause In Breach Of Contract Actions: Is Loss A Foreseeable Consequence Of Circumstances Created By The Breaching Party? LItigation No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308When Additional Obligations Don't Derail CPLR 3213: Commercial Division Clarifies the Test Malpractice Court explores the balance between a lawyer’s obligation to investigate the facts, and a lawyer's reliance on what the client chooses to disclose or not discloseLegal Malpractice: Attorneys Cannot Be Blamed for Client's Bad Decisions Motions Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release EnforcementAbsent a Final Arbitration Award, an Arbitration Clause Is Not a “Get Out of Court Free” Card under CPLR 3211 Nonparties The Cost of Withholding ESI: First Department Sets Limits on Non-Party Recovery of ESI Production CostsCommercial Division Denies Application to Enforce Stipulation of Settlement for Lack of Standing NYSBA Litigating in the Digital Age: How to Succeed in Justice Driscoll's Electronic CourtroomThe NYSBA’s Efforts to Boost Legal Revenue and Business in New York Parties Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release EnforcementNo Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308 Pleadings When Additional Obligations Don't Derail CPLR 3213: Commercial Division Clarifies the TestYou’re Gonna Need a Bigger Boat: Criminal Usury Statutes Prevent Loan Sharks Post-trial Defamation in Business Disputes: Executive Held Personally Liable for False Kick-Back AccusationCommercial Division Grants $1 Million Punitive-Damage Award for Diversion of Company’s IP in Breach of Fiduciary Duty Remedies The Proof Is in the Note: Commercial Division Holds a Heter Iska Is Not Outside Proof for Purposes of Summary Judgment in Lieu of ComplaintChanging the Status Quo: Commercial Division Issues Rare Mandatory Injunction Renewal / Reargument Motions For Leave to Renew: The Requirement Often Overlooked Res Judicata Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release EnforcementA Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally! Rule Changes Who’s Covered? Commercial Division to Clarify Its Role in Insurance-Coverage CasesNew Rule Proposal Encourages Use of Virtual Evidence Courtrooms in New York Commercial Division Sanctions A Deposition Wake Up Call: Commercial Division Strikes Pleading for Repeated Failure to Appear for a DepositionNo Deceit, No Defeat: Commercial Division Enforces Broad General Release Sealing Commercial Division Clarifies Standards for Sealing Court Records in Business DisputesMotions to Seal in the Commercial Division Require Specificity Sealing Motions to Seal in the Commercial Division Require SpecificityCourt Seals Commercial Lease Provisions in Landlord Tenant Dispute Service of Process No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308If the Service Was Poor, You'll Have to Do More - How Much Diligence Is Due for Affix and Mail Service? Special proceedings Pandemic Aftermath: The Rise Of Interstate Depositions And DiscoveryAt Least I Still Have My Rights of Inspection Standing Commercial Division Denies Application to Enforce Stipulation of Settlement for Lack of Standing“I’ve Been Hacked!” (OK, But Have You Been Damaged?) Statute of Limitations “Single Breach” vs. “Continuing Wrong”; the Continuing Wrong Doctrine Prevails, Saving Plaintiff’s Claim from DismissalGeneral Statement of Indebtedness is Sufficient to Restart Statute of Limitations Despite Ambiguities Successor Liability Commercial Division Recognizes Successor Liability as Separate Cause of Action, Not Just a Theory of LiabilityProximate Cause In Breach Of Contract Actions: Is Loss A Foreseeable Consequence Of Circumstances Created By The Breaching Party? Summary Judgment A Cautious Reminder When Responding to a Rule 19-a Statement of Material Facts on a Motion for Summary JudgmentThe Proof Is in the Note: Commercial Division Holds a Heter Iska Is Not Outside Proof for Purposes of Summary Judgment in Lieu of Complaint Treatise Review Commercial Litigation in New York State Courts, 5th Edition, Chapter 39, “Practice Before the Commercial Division”: A Review Uncategorized You've Got Mail (But No Deal) -- Commercial Division Denies Enforcement of Settlement Based on Email ExchangeRules Have Teeth: Discovery Motion Denied Over Noncompliance with Commercial Division Rule 14 Venue Check Your Clauses: An Interesting Tale of the Missing Forum Selection ClauseCommercial Division Says, “Nope, Not Enough” When Using Local Counsel to Establish Personal Jurisdiction yellowstone First Step in Successfully Fending off a Yellowstone Application: Be Sure To Give Valid Notice of Default
