Proportionate Liability for Diversion of a Corporate Opportunity

Proportionate Liability for Diversion of a Corporate Opportunity

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, practices commercial litigation in Melville and can be reached at LKB@BARNESPC.COM

Whoever coined the phrase “partners are only good for square dancing” must have been […]

Litigation Holds and Preservation of ESI in Light of VOOM HD Holdings, LLC

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

 

In commercial litigation cases, issuing a litigation hold to preserve electronically stored information (ESI) is paramount once a party reasonably anticipates that litigation may ensue, which may be well before litigation […]

Indemnification Under the BCL for Counsel Fees Incurred

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

 

This month we review an individual’s right to indemnification pursuant to the New York Business Corporation Law (“BCL”) for counsel fees incurred to defend a civil action or proceeding, other than […]

The Latest Word From the Court of Appeals on the Scope of Duty Owed by a Realtor to a Seller

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In our June 2009 column entitled Caveat Broker: Avoiding Unenforceable Agreements to Agree, we reviewed the prerequisites to a viable and enforceable brokerage commission agreement. This month we explore the […]

Further Refining Unjust Enrichment Claims

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at lkb@barnespc.com

 

Approximately a year and a half after issuing Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173 (2011), the New York Court of Appeals has revisited the pleading requirements for unjust […]

Task Force Report & Recommendations for the Commercial Division

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In late June 2012, Chief Judge Jonathan Lippman’s Task Force on Commercial Litigation released its Report and Recommendations for the Commercial Division,[1] the culmination of the Task Force’s six-month exploration […]

A PRIMER ON INJUNCTIONS

 By: Leo K. Barnes Jr.[i]

            The provisional remedies found a cornerstone of practice in the Commercial Division.  This month we review the basic elements of the most commonly sought provisional remedy, the preliminary injunction.

            It is well settled that an Article 63 preliminary injunction is not a mechanism for determining the ultimate […]

Lawrence v. Kennedy — Lessons for the Unwary

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at lkb@barnespc.com

 

In Lawrence v. Kennedy, — N.Y.S.2d —-, 2011 WL 5107234, 2011 N.Y. Slip Op. 21377 (Nassau Sup. Ct. 2011), plaintiff Lawrence S. Lawrence, a New York attorney, moved for summary judgment […]

Replevin via the CPLR & UCC

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at lkb@barnespc.com

 

This month we review an interesting decision regarding the provisional remedy of replevin.  Although the Plaintiff’s moving affidavit was inadequate to comply with the CPLR, luckily for the Plaintiff the […]