Aficionados of Commercial Division practice know that the ComDiv rules originally were — and, as evidenced by an Administrative Order earlier this month, continue to be — modeled after the federal rules. Efficiency begets efficiency.
Earlier this month, on October
Continue Reading Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements
Preliminary injunctions are a powerful tool in the business divorce litigator’s toolbox, and they often involve a race to the courthouse. This week’s post offers a reminder that sometimes, that race is critical; courts will be more inclined to preserve
Continue Reading Too Little, Too Late: Court Sides with Ousted Member, but Denies Preliminary Injunction Undoing Termination
Background: Crypto Catch 22
Followers of the SEC’s efforts to regulate digital tokens will recall former SEC Corp Fin Director William Hinman’s speech at the June 14, 2018 Yahoo Finance Conference in which he introduced the now generally accepted proposition
Continue Reading Crypto Reform Goes to Congress: Proposed Three-Year Safe Harbor for Distribution of Pre-“Network Maturity” Digital Tokens
As we’ve mentioned time and again on this blog, since its inception in 1995, New York’s Commercial Division has continued to not only be a leader in developing and shaping commercial law, but it is also on the forefront of
Continue Reading The Dynamic Duo of Proportionality and Reasonableness: Another New Proposal From the Commercial Division Advisory Council
On October 5, 2021, the New York State Department of Environmental Conservation (“Department” or “DEC”) released water quality guidance values for three emerging compounds, PFOA, PFOS and 1,4-Dioxane (collectively, “Emerging Compounds”). The comment period for the draft guidance values runs
Continue Reading Public Comment Period Open for NYSDEC Proposed Guidance Levels for PFOA, PFOS and 1,4-Dioxane in Ground and Surface Water
In this week’s New York Business Divorce, read about the history and development of the doctrine of tax estoppel, including two strands of competing case law emanating from a pair of New York State Court of Appeals decisions reaching opposite
Continue Reading The Doctrine of Tax Estoppel in Ownership Status Disputes
In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote operations.
Continue Reading Even as Pandemic Wanes, Remote Depositions Remain the New Normal
Paul Hood, one of the leading experts on buy-sell agreements, has a new book on the subject highlighted in this week’s New York Business Divorce and also featured in an interview with Paul on a new episode of the Business
Continue Reading Everything You Ever Wanted to Know About Buy-Sell Agreements: A Conversation With Paul Hood
New York’s Commercial Division has continuously taken the lead as an innovative forum, proposing rule changes that are aimed at increasing efficiency and overall effectiveness of the litigation process. In the past several years, discovery challenges surrounding electronically stored information
Continue Reading A Wave of E-Discovery Change: The Latest Proposal from the Advisory Council
The U.S. Securities and Exchange Commission (“SEC”) recently identified cyberthreats as an enforcement priority (see 2021 Examination Priorities). Within months of the Commission’s announcement, the Commission brought three enforcement actions* which resulted in sanctions against eight investment advisory firms
Continue Reading A Cybersecurity Wake Up Call: SEC Sanctions Eight Firms for Cybersecurity Deficiencies
