Case Reviews
New Rule Commercial Division Rule 9-a
A recent amendment to the Commercial Division rules, effective as of October 1, 2018, provides Judges, litigants and their counsel with additional fodder to quickly and efficiently...
Litigation Holds and Preservation of ESI in Light of VOOM HD Holdings, LLC
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...
Lawrence v. Kennedy — Lessons for the Unwary
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 in lieu of...
Maximizing Criminal Court Results, in the Civil Arena, Through Collateral Estoppel
Introduction For civil counsel engaged to right criminal wrongs committed by a Corporation’s former officer or employee, the frustration of the delays incident to a parallel criminal proceeding can...
Limitations on the Scope of an Employee’s Fiduciary Duty
In a unique twist from the garden-variety breach of fiduciary duty claim, Justice Scarpulla (New York County Commercial Division) recently refused to expand the scope of viable “faithless servant”...
Indemnification Under the BCL for Counsel Fees Incurred
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 a...
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Case Studies
