Recent Publications - Commercial Litigation


Legal Spring Cleaning and Refreshing Your Affairs
April 29, 2024 | Trusts & Estates | General Liability

Springtime is the time of year to start fresh. This ritual does not just apply to clearing the clutter, refreshing the inside of your house, and completing home improvement projects. It is also a good time to organize and review your legal affairs. As time goes on, your legal needs may change.

The following five

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Foreign Corporations Set to Be Subject to General Jurisdiction in NY
December 18, 2023 | Commercial Litigation

Foreign corporations, open your rolodexes. You will need New York counsel more than ever.

Days ago, New York Senate Bill S7476 was delivered to Governor Hochul for signature. If signed, the bill would make all foreign businesses authorized to do business in New York subject to general jurisdiction in the state’s courts. This is an

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Can You Be Sued if Someone Slips and Falls on Your Property?
December 1, 2023 | General Liability

The holiday season is one of the most magical times of year in New York, filled with excitement and festive decorations. It is also one of the busiest, from holiday gatherings with friends and family to decorating and checking off the holiday shopping list. For many, the days of holiday shopping in bustling stores have

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New Residential Developments Depend on Water Conservation Strategies
July 17, 2023 | Real Estate, Zoning & Land Use | Environmental

While demand for new housing in the United States is strong, the ability to meet this demand is hampered by lack of water resources. This is especially true in states experiencing population growth such as Florida and Texas. Any proposal to develop new residential housing must include water conservation measures to assure there will be

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U.S. Supreme Court Diminishes Daimler and Upends Aybar
June 29, 2023 | Commercial Litigation

Plaintiffs’ counsel rejoice, defense counsel take note, and businesses beware. Daimler has been diminished and businesses are no longer only subject to general jurisdiction in states in which they are incorporated or headquartered.

On Tuesday, the United States Supreme Court issued its opinion in Mallory[1] and held that a business is subject to general jurisdiction

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Supreme Court Narrows Scope of Clean Water Act
June 2, 2023 | Environmental

In Sackett v. Environmental Protection Agency, decided at the end of May, the Supreme Court substantially reduced the reach of the Clean Water Act (CWA). The issue before the Court was how far the Environmental Protection Agency (EPA) could go in utilizing the CWA to regulate activities on land.

The CWA prohibits the discharge of

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Law360: Considerations for Assumption of Risk in NY Sports Suits
May 15, 2023 | Commercial Litigation | General Liability

Frank Izzo and Joseph Pidel wrote an article for Law360 on two recent court decisions that implicate the assumption of risk clause.

To read the article, click the link below.

Considerations for Assumption of Risk in NY Sports Suits

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First, Second and Third Departments All Hold That COVID Executive Orders Tolled NY’s Statutes of Limitations
April 10, 2023 | Commercial Litigation

Only weeks ago, the Appellate Division, Second Department issued its McLaughlin decision reaffirming Brash[1] – another Second Department decision which we wrote about on August 4, 2021.[2] As we discussed in our blurb, Brash was significant. Therein, the Second Department held that Governor Cuomo’s Executive Orders during the COVID-19 pandemic “tolled,” rather than “suspended,” New

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Out-of-Staters Beware: An In-Person Contract Discussion May Subject You to Suit in New York
March 22, 2023 | Commercial Litigation

Think before you book your next business trip to the Empire State. Perhaps that important contract discussion with your counterpart can be accomplished remotely. Although you may miss out on Long Island’s Gatsbyesque mansions, that City “feeling,” or Upstate’s natural grandeur, staying put may just save yourself or your company from being on the wrong

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New York’s Highest Court Again Declines to Erode the “Special Duty” Doctrine
March 22, 2023 | Commercial Litigation

Municipal litigation counsel can continue to sleep soundly. Before the New Year, the New York Court of Appeals, once again, reaffirmed the “special duty” doctrine in Maldovan v. County of Erie.[1]

As any first-year law student learns, the tort of negligence requires a showing that the defendant breached some “duty” owed to the plaintiff. However,

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