News & Publications

Last month we addressed the transformation of a criminal court plea or guilty verdict into civil court liability, relying upon collateral estoppel. This month we take a step back. Assume that the civil case is in the midst of discovery, the corresponding...

Many initial pleadings in the Commercial Division are accompanied by an Order to Show Cause seeking to enjoin something, by virtue of an application for a preliminary injunction and, possibly, a temporary restraining order until the preliminary injunction application...

With the real estate sale and rental season well underway, and the brokerage community ecstatic to entertain any semblance of business after the drought that has plagued the industry for the past several years, it is an opportune moment to reiterate the premise that...

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 scope of exclusivity owed by a broker to a seller in light...

This month we review two recent decisions concerning commercial issues which touch the aviation industry. In Wells Fargo Bank Northwest, N.A. v. U.S. Airways, Inc., 2012 WL 3288834 (1st Dep’t 2012), plaintiff Wells Fargo brought suit against defendant U.S. Airways for...

A Protective Order is standard fare in commercial litigation. Those matters which assert the theft of trade secrets or a breach of a non-compete agreement will often permit an “Attorneys’ Eyes Only” (“AEO”) designation within the Protective Order if discovery...