News & Publications

In light of the unbridled fiduciary duty owed to an employer, ((The employee is precluded from “acting in any manner inconsistent with his agency or trust and is at all times bound to exercise the utmost good faith and loyalty in the performance of his duties”. See...

In the September 2012 column, we reviewed Chief Judge Jonathan Lippman’s Task Force Report and Recommendations for the Commercial Division which included certain proposed procedural reforms to the Commercial Division Rules, the most notable being an amendment of the...

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” claims in Pozner v. Fox Broadcasting Company, ((New York County Supreme...

A recent mid-winter decision from Central Islip Eastern District Judge Sandra Feuerstein provides a stark reminder to counsel for Plaintiffs to scrutinize documentation annexed as exhibits to a Complaint as the same may later haunt the Plaintiff as a basis for...

In mid September, approximately 30 practitioners, several Justices and Court personnel participated in the inaugural training session for the Suffolk County’s Commercial Division Mediation Program. The training, which consisted of 24 hours over three days, was...

It has long been said that “with great power comes great responsibility.” The maxim is especially appropriate in connection with the effectuation of a CPLR Article 65 Notice of Pendency. Assuming compliance with the requisite procedures outlined in CPLR 6511 (it is...