Commercial Litigation
February 23, 2021 | Evan H. Krinick | Henry M. Mascia | |
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
Read MoreDecember 21, 2020 |
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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August 21, 2020 |
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.
Read MoreJuly 21, 2020 | Kenneth C. Murphy |
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
Read MoreJune 9, 2020 | Michael Vanunu |
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
Read MoreMay 5, 2020 | Marc S. Ullman | |
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
Read MoreApril 16, 2020 | Kenneth C. Murphy |
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.
Read MoreApril 14, 2020 | Kenneth C. Murphy |
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,
Read MoreApril 7, 2020 | Brian L. Bank | Michael P. Versichelli | Michelle (Bholan) Klein | Catalina E. De La Hoz |
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
Read MoreMarch 31, 2020 | Kenneth C. Murphy |
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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