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Pirate II painting by Arshile Gorky

Panel Confirms Ownership of 'Pirate II' Painting

By Ben Bedell |

A trial court's ruling that tennis star John McEnroe and Washington, D.C., developer Morton Bender own a famous abstract impressionist painting, sold separately to each of them and defendant Joseph Carroll by now-incarcerated art dealer Lawrence Salander, was affirmed by the First Department.

Michael Bloomberg and Bill Gates

Bloomberg, Gates Launch Anti-Tobacco Legal Fund

By Michael Felberbaum |

Former New York Mayor Michael Bloomberg and Microsoft Corp. co-founder Bill Gates are launching a fund to help low- and middle-income countries fight often long and expensive legal battles with the tobacco industry, which has been battling graphic health warning labels.

60 Centre St.

Discovery Delays Result in Attorney Fee Sanctions

By Ben Bedell |

The First Department confirmed Tuesday a sanction over a defendant's delaying for nearly a year production of emails, but faulted a hearing officer's assessment procedure, while a similar discovery delay in a separate Commercial Division case resulted in sanctions against Rosenberg & Estis for the second time.

Court Upholds $8.5B Bank of America RMBS Settlement

By Ben Bedell |

The First Department delivered a resounding victory Thursday to institutional investors who backed an $8.5 billion settlement of claims against Bank of America stemming from the 2008 mortgage crisis.

Litigator’s Corner

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.

Commercial Arbitration: Expeditious Resolution, Or Wormhole of Unpredictability?

By Daniel Goldberg |

Daniel Goldberg of Holwell Shuster & Goldberg writes: It is a common view that arbitration is an expedited and cost-effective way to resolve commercial disputes, but all too often parties are confronted with the unexpected reality that their supposedly streamlined arbitration takes on the form of a typical commercial litigation with all the trimmings of discovery, delay and cost.

Advancement of Fees Is Alive and Well in the Commercial Division

By Michael Cardello III and Stephen J. Ginsberg |

Michael Cardello III and Stephen J. Ginsberg of Moritt Hock & Hamroff discuss the statutory provisions that govern the advancement of attorney fees, as well as a recent decision that ultimately granted a party's motion for advancement of legal fees and costs.

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