NY Commercial Litigation Insider

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Rolando T. Acosta

'Long Arm' of NY Courts Can Reach Brazil, Panel Rules

By Ben Bedell |

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.

Disabled veteran and plaintiff Danny Rossi in his hot dog stand in front of the Metropolitan Museum of Art on Fifth Avenue

Panel Finds City's Reading of Vendor Law Was Too Strict

By Joel Stashenko |

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.

The Appellate Division, First Department, at 27 Madison Ave.

Initial Emails Back Binding Agreement Claim, Panel Finds

By Ben Bedell |

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.

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.

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.

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