Commercial Litigation

Courts Respond to COVID-19 with Consolidated, Virtual Options
March 31, 2020 | Kenneth C. Murphy | Michael C. Mulè | Commercial Litigation
They say necessity is the mother of invention, and perhaps no less so in trying times like these. For years, the idea of virtual courts in New York has been discussed, and, in some very limited cases implemented. But now, in the current crisis, they are more necessary than ever and the Chief Judge of …
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COVID-19 Update: Limited Access to Courts for Commercial Litigants
March 23, 2020 | Michael C. Mulè | Kenneth C. Murphy | Commercial Litigation
In these trying times, your options for immediate relief in commercial cases is likely limited unless it directly is related to coronavirus issues. However, if your issues satisfy the requirements of federal jurisdiction, you still have the ability to pursue a remedy in federal court. When it comes to commercial litigation during the coronavirus pandemic, …
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Landlords: Take These Steps Now to Preserve Your Income
| Erez Glambosky | Jeremy B. Honig | Mark N. Antar | Matthew B. Meisel | Commercial Litigation | Real Estate, Zoning & Land Use
Local, state and federal governments have taken unprecedented measures to control the spread of coronavirus (COVID-19), measures that will negatively impact the real estate industry in the state. Last week, New York Governor Andrew Cuomo issued an executive order that will directly impact New York’s real estate industry. On March 20, 2020, Gov. Cuomo issued …
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Is Coronavirus Covered by Your Contract’s Force Majeure Provisions?
March 18, 2020 | Walter J. Gumersell | Stella Lellos | Samantha R. Barbere | Corporate | Commercial Litigation
Part of the commitment to entering into a contract includes an agreement between parties to perform contractual obligations on a timely basis, with limited exceptions. Contracts frequently include a provision titled “force majeure,” which translates literally from French to mean “superior force.” Force majeure provisions, generally part of the boilerplate section of a contract and …
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Pay Notice to Special Relationships under the Law
March 3, 2020 | Evan H. Krinick | Commercial Litigation
With Valentine’s Day in our rear-view mirror, it is nice to reflect on the special relationships in our life – with our spouse, our parents, our children, and if one is lucky enough, with our grandchildren. These relationships provide meaning and perspective to our day-to-day existence and can provide immeasurable joy and happiness. Special relationship …
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Possible Pandemic, Coronavirus Poised to Pose Risks to U.S. Companies
February 26, 2020 | Paul V. Majkowski | Employment & Labor | Directors & Officers Liability | Compliance, Investigations & White Collar | Complex Torts & Product Liability | Commercial Litigation
With the coronavirus outbreak continuing in China, significant new incidences being reported in South Korea and Italy, and stories of quarantines permeating the news, in addition to the catastrophic toll on human health, we are far from business as usual in many respects. In the U.S., a CDC official has now stated, “It’s not a …
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In Football and Litigation, Avoid Self-Inflicted Wounds
February 5, 2020 | Evan H. Krinick | Commercial Litigation
Football is a game of statistics and more statistics, as any fantasy football fanatic can tell you. But if you want to predict which team will win, one statistic is particularly telling. In fact, from 2007 to 2016, the team that had the fewest turnovers in a game won 78 percent of the time. On the other …
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Raia Writes for Best’s Review on Litigation Stemming from Students’ Sports Injuries
February 3, 2020 | Frank Raia | General Liability | Commercial Litigation
Frank Raia wrote an article entitled “Play Ball!” for Best’s Review, A.M. Best’s monthly insurance magazine. Frank discusses the challenge that colleges and universities face defending a lawsuit when a student gets injured participating in a school-sanctioned sports activity. To read the article, click here. …
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In Business Deals, the Details Matter
January 7, 2020 | Evan H. Krinick | Corporate | Commercial Litigation
The “devil is in the details.” How many times has that truism been proven true? Like when your high school child tells you that he and his friends are off to Mexico for spring break. Or when a travel agent lets you in on the deal of a lifetime for an all-inclusive cruise to a …
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Deadlock Equals Doom: Judicial Dissolution of A Corporation When Dissension Exists
September 26, 2019 | Kenneth C. Murphy | J'Naia L. Boyd | Commercial Litigation | Corporate
All too often, friends or family members start a business with the best intentions.  Rarely do the optimistic entrepreneurs anticipate a potential major disagreement about how to run the business. After all, in the beginning, they go into business together because they want to be in business together. Sometimes, despite these good intentions, over time …
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