The allegation that a Brazilian citizen and resident and his two Brazil-focused investment funds negotiated and signed a shareholder agreement with the plaintiff in New York was sufficient to support New York jurisdiction, a split First Department panel ruled Tuesday.
NY Commercial Litigation Insider
Disabled military veterans who were ticketed for selling from food carts in front of the Metropolitan Museum of Art were unfairly punished due to city officials' restrictive reading of what constitutes a "block face," a divided state appeals court ruled.
Three emails exchanged between a CEO and an employee was enough to support a claim that a binding employment agreement had been reached two months before the company cut ties with the employee, a split First Department panel ruled Thursday.
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.
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 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.
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.
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.