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
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From the Sagamore: Key Takeaways from the NYSBA 2026 Commercial and Federal Litigation Section Spring Meeting
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
Is it Time for Courts to Embrace Shareholder Oppression Outside of the Corporate Dissolution Context?
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
Technical Difficulties Aren’t Enough: A Lesson from the Commercial Division
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
A New Framework for the Family Business Enterprise: A Review of Benjamin Means’ “The Principles of Family Business Law”
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
Rethinking Anti-Dilution in Convertible Deals
Most ECVC lawyers can recite from memory the basic architecture of venture anti-dilution protection. The standard NVCA formulation adjusts downward the conversion price of preferred stock when the company issues additional equity at a lower price, subject to a familiar
One Line Too Few: How Noncompliance with Recently Amended CPLR 2106 Undermines an Affirmation
Rule 2106 of the CPLR permits a written affirmation, made under penalty of perjury, to be submitted in place of an affidavit, carrying the same legal effect in New York civil proceedings. Since the amendment took effect on January 1,
Promise of Equity Falls to Operating Agreement’s Rigid Admission Requirements
Litigation over who is—and who is not—a member of a limited liability company has become a defining feature of LLCs. The ease with which parties form LLCs, coupled with the informality with which they often operate them, has spawned a
Mining for a Joint Venture: A Crypto “Partnership” That Never Got Off the Blocks
Every so often a case comes along that reads less like a business dispute and more like a cautionary tale about the perils arising out of unwritten deals among friends. As we’ve written about before, these cases can be
Farrell Fritz Hosts NYSBA ComFed Mentorship Program Kick-Off Event
Farrell Fritz is excited to host the 2026 Mentoring Committee Program kick-off event, organized by NYSBA’s Commercial & Federal Litigation Section, next week on April 21, 2026, at 6:30 p.m. at Farrell Fritz’s New York City office (622 3rd Avenue,