Commercial Litigation

You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign
July 21, 2020 | Michael C. Mulè | Kenneth C. Murphy | 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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Amended Law Increases Civil Penalties for Greed During Crisis
June 9, 2020 | Michael Vanunu | 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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Blue Bell Creameries Pleads Guilty to 2015 Listeria Outbreak, Former CEO Charged
May 5, 2020 | Marc S. Ullman | Compliance, Investigations & White Collar | Commercial Litigation
The United States Department of Justice (DOJ) announced that it had reached an agreement with Blue Bell Creameries of Brenham, Texas, to permit the company to plead guilty to two misdemeanor counts of distributing adulterated ice cream in violation of the federal Food Drug and Cosmetic Act and pay a criminal fine and forfeiture amount …
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Recent Commercial Division Decision Highlights That Sometimes Less Is More
April 16, 2020 | Michael C. Mulè | Kenneth C. Murphy | 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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Coronavirus and Statutes of Limitations in New York: A Lingering Effect?
April 14, 2020 | Michael C. Mulè | Kenneth C. Murphy | Commercial Litigation
We’ve all heard the COVID-19 pandemic described as “unprecedented.” Governor Cuomo’s Executive Order 202.8 and its treatment of time limitations (including statutes of limitations), may also be unprecedented. Executive Order 202.8 was issued on March 20, 2020. It states that “any specific time limit for the commencement, filing, or service of any legal action, notice, …
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New York Courts Expand Virtual Operations To Non-Essential Matters.
April 7, 2020 | Brian L. Bank | Michael P. Versichelli | Michelle A. Bholan | Catalina E. De La Hoz | Commercial Litigation
Update: On April 8, 2020, Chief Administrative Judge Lawrence Marks issued Administrative Order AO/85/20 to promulgate the procedures and protocols in non-essential matters, which take effect on April 13, 2020. Although the order extends virtual operations to non-essential matters, no new non-essential matters may be filed until further notice. Nor may additional papers be filed …
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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 | Commercial Litigation | Corporate
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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