Commercial Litigation

Update: Gov. Cuomo’s Executive Orders Tolled NY’s Limitation Periods
August 4, 2021 | Benjamin J. Wisher | Commercial Litigation
In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We opined that, based on its language, it served to “toll,” rather than “suspend,” New York’s limitation periods.[1] On June 2, …
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Administrative Order 270/20 Brings Change to the Uniform Rules
March 1, 2021 | John F. Queenan | Commercial Litigation
Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules for the Supreme and County Courts (“Uniform Rules”).  Attorneys desiring the efficiencies of the Commercial Division, now established in 24 counties across New York …
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A Divided Bench Revealed in Top Court’s Commercial Cases
February 23, 2021 | Evan H. Krinick | Henry M. Mascia | Appeals | Commercial Litigation
When discussing the U.S. Supreme Court, commentators spend considerable time reviewing the decisions of the Court to create “lineups” of conservative versus liberal Justices and to speculate which Justices, or group of Justices, are the deciding or so-called “swing” votes. In cases raising constitutional issues involving prominent social issues, legal philosophies can be observed that …
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Miller Published in New Jersey Lawyer Magazine
December 21, 2020 | Commercial Litigation
Gregory Miller’s article, “Concise-ly is Not Nice,” was recently published in the Writer’s Corner of the New Jersey Lawyer. Click here to read the full article.   …
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Del Pizzo Published in New Jersey Lawyer Magazine
August 21, 2020 | Commercial Litigation
Nancy Del Pizzo’s articles, “Judges take notice of gender neutrality in legal writing” and “The Thoughtful Lawyer is a Better Writer,” were published in the Writer’s Corner of the New Jersey Lawyer magazine in February and August 2020, respectively. Click here to read the February article. Click here to read the August article. …
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You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign
July 21, 2020 | 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 | Commercial Litigation | Compliance, Investigations & White Collar
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 | 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 | 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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