As noted in the title, civil RICO claims are on such a bad losing streak at the pleading stage in the Commercial Division that they’re beginning to rival the New York Mets. And that’s coming from a die-hard Mets fan.
A recent decision from the New York County Commercial Division reminds litigants that even under New York’s liberal discovery standards, sensitive business information like client lists is not automatically discoverable. In Slice Wireless Services, LLC v. Yakubov, et al. (Index
Peter Sluka wrote a month ago about Matter of Lin v Sun ___ AD3d ___ (2026 NY Slip Op 02065 [1st Dept Apr. 7, 2026]). In Lin, the First Department unanimously rejected a petitioner-appellant’s claim she acquired standing to
If you’re on the management team of a Delaware corporation or serve as general counsel to one, it’s only a matter of time before a stockholder shows up with a books and records demand under Section 220 of the Delaware
Some of the most interesting cases we post about on this blog are, of course, the ones where there is more than meets the eye.On the surface, today’s case—Bapaz NYC West St Group LLC v. Assa Properties Inc., 2026
After a person passes away, a decedent’s survivors oftentimes attempt to access the decedent’s electronic communications. Whether motivated by mere curiosity or a desire to better understand the circumstances that led to a decedent’s death, decedents’ survivors have not had
Earlier this month, commercial litigators and judges from across New York headed to the Sagamore Resort on Lake George for the NYSBA Commercial and Federal Litigation Section’s 2026 Spring Meeting. The Spring Meeting featured a strong lineup of timely presentations
This week, we take a break from our regular coverage of recent developments in business divorce caselaw in favor of a more enduring, slightly more scholarly debate. Don your herringbone, affix your spectacles, and retreat to your wood-paneled study.This post
Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once a default judgment is entered, vacating it is an uphill
Family-owned businesses are vital to the economy and I dare say the American way of life. According to a recent estimate, around 90% of all business firms in the U.S. are family owned, numbering over 30 million and generating
