It’s no accident this blog has featured dozens of posts involving disputed capital calls. It’s a common scenario in the world of closely held firms, not always but sometimes pitting the interests of the passive owners in maintaining their equity
Latest from Farrell Fritz, P.C. - Page 5
Choose Your Forum Wisely (Part II): Commercial Division Reiterates the High Bar to Overturn an Arbitration Award
Last fall, I blogged about the challenges of overturning an arbitrator’s award (check out that post here). That case illustrated the difficulties of vacating an award based on a purported erroneous ruling of law. But what if a party seeks
Tax Partner, Not True Partner: The Limits of K-1s in Business Divorce Litigation
The Schedule K-1 is a tax form that pass-through entities use to report each owner’s share of the entity’s income, deductions, credits, and other tax items. It is also one of the great rock stars of business divorce litigation. K-1s
Civil RICO’s Losing Streak Continues in the Commercial Division
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.
Broad But Not Boundless: Policing the Edge of Discovery and Protecting Client Lists in Slice Wireless Services, LLC v. Yakubov, et al.
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
A Wrong in Search of a Remedy: Promissory Estoppel
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
When Stockholders Come Knocking: Defending Against Section 220 Demands in Delaware
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
A Money Judgment by Any Other Name Is Still Not Rescission: First Department Rejects Last-Ditch Intervention Gambit in LLC Membership Dispute
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
In New York, Are a Decedent’s Survivors Entitled to See the Decedent’s Electronic Communications After the Decedent Dies?
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
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