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Entries tagged: commercial litigation

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Court of Appeals Ponders “Extreme and Outrageous” Conduct

By: Patrick McCormick, Esq. email

Posted: June 13th, 2016

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If it isn’t extreme and outrageous to film a trauma patient’s last minutes alive, the pronouncement of his death, and […]

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Abracadabra! Delaware Court Does Away with “Magic Words” for Valid Anti-Reliance Provisions

Posted: February 19th, 2016

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Integration clauses typically state that an agreement is the entire and only agreement between parties, superseding any prior written or […]

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Attempt to Have Attorney Disqualified Denied by the Court in Corporate Valuation Case

By: Jeff Basso, Esq. email

Posted: January 22nd, 2016

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What happens when an attorney represents a corporate entity in the formation of that entity and then represents one of […]

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Can an E-mail Exchange Create a Binding Contract?

By: Patrick McCormick, Esq. email

Posted: November 20th, 2015

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Can an e-mail exchange create a binding contract? The short answer is yes! With the proliferation of electronic communications, it […]

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Court Rules Terminated Employee’s Stock Options Did Not Vest Upon Termination; Complaint Dismissed

By: Jeff Basso, Esq. email

Posted: October 20th, 2015

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The Commercial Division in Monroe County, New York recently decided an interesting case, Kellman v. Document Security Systems, Inc. (Rosenbaum, […]

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Earnout Payments and the Implied Covenant of Good Faith

Posted: September 25th, 2015

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Summary An earnout is a contractual provision in an agreement for the purchase and sale of a business in which […]

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Court Holds Successor Corporation Liable For Judgment Against Defunct Entity

By: Jeff Basso, Esq. email

Posted: September 25th, 2015

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In litigation, it is one thing to obtain a judgment against an individual or entity, but it is another thing […]

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Queens Court Upholds No-Fault Payment Eligibility for Chiropractic Practice Despite Illegal Fee-Splitting

Posted: May 20th, 2015

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In H&H Chiropractic Services, P.C. a/a/o Jesus Jimenez v. Metropolitan Property and Casualty Insurance Company[1], a Queens County Civil Court […]

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Legal Fees or No Legal Fees – Court Determines Reasonableness

By: Jeff Basso, Esq. email

Posted: May 20th, 2015

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Generally speaking, the two ways a party can recover attorneys’ fees if it is successful in litigation are: (1) by […]

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