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 Litigants Beware: New York Courts Admonish Entanglement in Arbitration ProceedingsCheck Your Clauses: An Interesting Tale of the Missing Forum Selection Clause Artificial Intelligence A Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAIHappenings from the NYSBA Commercial and Federal Litigation Section Spring 2024 Meeting 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 Where’s the Beef? Causation and Culpability Are Fatal Pitfalls in Zaycon Foods LawsuitLimitations on the Rights of Minority Owners in Closely-Held Businesses Class Action Class Action Lawsuit Dismissed: Commercial Division Finds Company's Alleged Misrepresentations and Omissions During Stock Sale Non-Actionable Under Securities LawA Film-Worthy Lesson on Class Certification ComFed Spring Meeting Happenings from the NYSBA Commercial and Federal Litigation Section Spring 2024 Meeting Commercial Division A Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAINo Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308 Commercial Division Advisory Council A Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAIPreparation Is Everything: Commercial Division Advisory Council Proposes New Model Pre-Trial Order for Trials in the Commercial Division Commercial Division Rules A Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAIPersistence, Procedure, and Default: Lessons from ACM MCC VI LLC v. Able Liquidation Three & Thomas Rossi 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 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 Litigating in the Digital Age: How to Succeed in Justice Driscoll's Electronic CourtroomCommercial Litigation in New York State Courts, 5th Edition, Chapter 39, “Practice Before the Commercial Division”: A Review 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 Limitations on the Rights of Minority Owners in Closely-Held BusinessesCommercial Division Says, “Nope, Not Enough” When Using Local Counsel to Establish Personal Jurisdiction 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 No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308Remote Possibilities: Establishing Good Cause for Virtual Depositions in the 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 A Good Lawyer Knows the Law; A Great Lawyer Also Knows the Local RulesFrom “Dissipation” to Denial: Why Threats of Lost Funds Are Not Enough for an Injunction 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 A Good Lawyer Knows the Law; A Great Lawyer Also Knows the Local RulesYou’re Gonna Need a Bigger Boat: Criminal Usury Statutes Prevent Loan Sharks 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 No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308Return to Sender: Commercial Division Issues Warning Regarding the Fatal Consequences of a “Short Return Date” 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 Commercial Division Grants $1 Million Punitive-Damage Award for Diversion of Company’s IP in Breach of Fiduciary DutyWhen Wrongdoing Isn't Wrong Enough: Lack of Culpable Conduct Results in Reduced Judgment 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 A Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally!Res Judicata: Avoiding Preclusion Confusion in Derivative Litigation Rule Changes A Good Lawyer Knows the Law; A Great Lawyer Also Knows the Local RulesYou Got a Friend in Me: Commercial Division Seeks to Adopt New Rule Governing the Filing of Amicus Curiae Briefs 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 When Additional Obligations Don't Derail CPLR 3213: Commercial Division Clarifies the TestA Good Lawyer Knows the Law; A Great Lawyer Also Knows the Local Rules 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
