Recent Publications - Commercial Litigation


You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign
July 21, 2020 | Commercial Litigation

As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager reminds litigants that parties, who invoke the benefits of an agreement requiring arbitration, may, in fact, be compelled to

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Like Cloth Masks, Corporate Protections Are Not Absolute
July 9, 2020 | Corporate

We live in a different world than a few months ago. The existence of a pandemic in our community has impacted every aspect of our day-to-day life and has brought an unprecedented amount of uncertainty and anxiety as to the shape and tenor of our future experiences.

So, in order to enjoy some degree of

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Amended Law Increases Civil Penalties for Greed During Crisis
June 9, 2020 | Commercial Litigation

As New York gradually reopens, our “new normal” has created increased demand for personal protective equipment (PPE) and cleaning supplies. In my previous bulletin, I addressed the potential criminal consequences that federal prosecutors could impose as a result of price-gouging or hoarding of scarce and essential materials, including PPE and certain cleaning supplies, due to

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Whether Buying or Selling PPE, Protect Yourself
May 15, 2020 | Compliance, Investigations & White Collar

There is no question that the COVID-19 pandemic has caused a shortage of personal protective equipment (PPE) and certain cleaning supplies. Although it may be tempting for manufacturers, suppliers and others with access to inventory or production of those products to use the supply shortage as a business opportunity, business owners should proceed with caution

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Put Your Business on Solid Financial Footing before Hitting ‘Unpause’
May 5, 2020 | Bankruptcy | Corporate

Due to the COVID-19 pandemic and resulting economic shutdown, we have counseled our clients about how they can protect their rights as creditors once the economy begins to ramp up again. We have also advised them on how to make sure that they do not end up in their own perilous financial situation.

Indeed, you

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Healthcare Providers Receive ‘Helicopter Money’ with Strings Attached
April 27, 2020 | Compliance, Investigations & White Collar | Health Services

In 1969, noted economist Milton Friedman coined the term “helicopter money” to describe the monetary policy of injecting liquidity into the market, much like dropping money to people from helicopters, as an alternative to quantitative easing. The CARES Act, popularly referred to as the Provider Relief Fund is a “helicopter” that dropped a lot of

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Little COVID-19 Relief for Facilities and Providers Subject to Justice Center Actions
April 23, 2020 | Compliance, Investigations & White Collar | Health Services

Although Executive Order 202.10 gave health care providers some immunity for COVID-19 related care, this immunity does not extend to actions by the Justice Center for the Protection of People with Special Needs (“Justice Center”). A provider or facility could be prosecuted for allegations of abuse or neglect by the Justice Center for actions taken

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How Will Trump’s Immigration Ban Affect You?
April 23, 2020 | Immigration

After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will

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The EEOC Issues Guidance on COVID-19 Related Workplace Laws
April 17, 2020 | Labor & Employment

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on workplace laws during the COVID-19 outbreak. The guidance, updated on April 17, 2020, assists employers with navigating pandemic-related issues. In a question-and-answer format, the EEOC clarifies topics such as the confidentiality of medical information, inquiries about employee symptoms and providing reasonable accommodations.

The

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Recent Commercial Division Decision Highlights That Sometimes Less Is More
April 16, 2020 | Commercial Litigation

A recent decision by New York County Commercial Division Justice, the Hon. Barry Ostrager, gave litigants a reminder of the preference that New York courts have for reasonable non-solicitation and confidentiality clauses that do not include covenants not to compete.

In King v. Marsh & McLennan Agency, LLC, 2020 NY Slip Op 50370(U) (Sup. Ct.

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