NY Commercial Litigation Insider

Top News

Club Cozumel Caribe in Mexico

Ruling Blocks Lender's Claim Against 'Political Risk' Insurer

By Ben Bedell |

"The policy at issue is a political risk insurance policy, not a credit insurance policy," a unanimous First Department panel said, and was not triggered by a Mexican resort company's bankruptcy filing, which "was not an alteration of Mexican law."

Fraud Claims Against Proskauer Over Tax Shelter Advice Upheld

By Ben Bedell |

Fraud claims against Proskauer Rose stemming from a tax shelter scheme it helped sell to the heirs of the Johnson & Johnson fortune will survive a motion to dismiss, the Appellate Division, First Department, ruled Thursday.

Shirley Werner Kornreich

Developer's $2M Finder's Fee Invalid, Court Determines

By Ben Bedell |

A Manhattan Commercial Division judge invalidated a $2 million finder's fee claimed on the basis of an oral agreement purportedly entered four years prior to the sale of an iconic Pittsburgh office tower.

UBS at 299 Park Ave.

Panel Says Commercial Case Belongs in Korean Court

By Ben Bedell |

The Appellate Division, First Department, affirmed dismissal of a Commercial Division case Tuesday, holding that the transaction at issue did not have a "substantial nexus" to the state.

Litigator’s Corner

George Bundy Smith and Thomas J. Hall

Binding Contracts Despite Continuing Negotiations

By George Bundy Smith and Thomas J. Hall |

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write that previously, courts often have found that where parties to an alleged contract engaged in subsequent negotiations over material terms of the agreement, no meeting of the minds was reached, and there was no enforceable contract. Courts may now be less inclined to find as such after two recent decisions.

C. Evan Stewart

Judge Gets Common Interest Privilege Spot-On!

By C. Evan Stewart |

C. Evan Stewart writes: While judges often make rulings on the attorney-client privilege and work product doctrine that are wide of the mark, every so often they get one spot-on. Happily, the First Department (per Judge Karla Moskowitz), recently did just that in reversing a trial court order that held that documents relating to a merger were not protected by the "common interest" privilege.

Ride-Sharing Companies Face Novel Liability Questions

By John L. Ewald and David Fuad |

John L. Ewald and David Fuad of Orrick, Herrington & Sutcliffe write: Courts are currently wrestling with questions in ride-share litigation. The answers will have far-reaching consequences for ride-sharing and other connector companies as they face an increasing number of tort claims, consumer class actions, and wage-and-hour class actions.

Avoiding Contract Disputes That Arise in Disaster Aftermath

By Peter S. Britell and Susan Golden |

Peter S. Britell and Susan Golden of Venable discuss legal preparedness by commercial, nonprofit and government property owners, and ways to minimize disputes and litigation that can arise from the hiring of emergency or post-disaster contractors—or from procurement rules that inhibit the hiring of such contractors.