News & Publications

Partnership breakups are characterized by counsel as business divorces for a good reason – the venom that permeates some of the cases is largely unrivaled (excepting, of course, matrimonial practice). A hurdle arises when irrelevant anger is included in a pleading and...

In February 2011 we reviewed JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds. In Pinzler, the defendant attorney was found liable to the plaintiff bank for disbursing funds to a...

With subtle hints that the economy is finally turning from its free-fall, merger and acquisition transactions will begin to surface once again. The preamble of many transaction documents includes various “representations and warranties”, provisions which may provide...

With the recent adoption of new Commercial Division Rules, ((Section 202.70 of the Uniform Rules for the Supreme and County Courts (Rules of Practice for the Commercial Division).)) and several others proposed and open for public comment, practicing in the Commercial...

One of the cornerstone pleading tenets of commercial practice is that a plaintiff may not pursue a fraud cause of action simultaneously with a breach of contract cause of action as the fraud cause of action, when it is premised upon the same facts and circumstances as...

In late June 2012, Chief Judge Jonathan Lippman's Task Force on Commercial Litigation released its Report and Recommendations for the Commercial Division, ((The Task Force’s 30+ page Report can be found on the New York Commercial Division website at...