Entries tagged: commercial litigation

Court of Appeals Holds Tenant’s Waiver of Right to Seek Declaratory Judgment Enforceable

By: Patrick McCormick, Esq.

Posted: May 15th, 2019

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On May 7, 2019, the Court of Appeals in 159 MP Corp. v Redbridge Bedford, LLC, 2019 WL 1995526, agreed […]

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Exceptions to Attorney-Client Privilege: Communications that Establish a Legal Claim

By: Patrick McCormick, Esq.

Posted: May 9th, 2019

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In an article published in last year’s Suffolk Lawyer, I discussed decisions that upheld the confidentiality of attorney-client communications, one […]

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Businesses Beware: “Boilerplate” Language in Contracts Not So Boilerplate

By: Don Rassiger, Esq.

Posted: November 6th, 2018

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“Choice-of-law” provisions, identifying which state’s laws a contract will be interpreted under, are almost universally found in contract “boilerplate.” Businesspeople […]

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Partial Enforcement Language in a Non-Compete Agreement Does Not Guarantee Partial Enforcement

By: Jeff Basso, Esq.

Posted: August 22nd, 2018

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A standard provision typically included in non-compete agreements is a “partial enforceability” provision that gives the Court the power to […]

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New York Court Issues Minority Shareholder-Friendly Decision in Controlling Stockholder Merger

Posted: July 17th, 2018

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  In a decision that could make New York a more attractive venue for shareholders of Delaware-incorporated companies, a New […]

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Courts Narrow Non-Compete Agreements to Protect Legitimate Business Interests Only

By: Jeff Basso, Esq.

Posted: June 26th, 2018

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There has been an aggressive push over the past couple of years by state legislators around the country and the […]

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Intra-Firm Attorney-Client Privilege: Protection of Communications with In-House Counsel

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: May 16th, 2018

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Attorney-client privilege is a bit of a misnomer. The name itself fails to convey the full breadth of communications protected […]

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Deficient Tortious Interference Claim Leads to Dismissal of Complaint

By: Jeff Basso, Esq.

Posted: May 16th, 2018

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One of the more common “business tort” causes of action we see in the world of commercial litigation is a […]

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Hiding and Seeking Information During Litigation: Disclosure of Information Contained in Private Social Media Accounts

By: Richard DeMaio, Esq.

Posted: April 20th, 2018

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Hide and seek. It’s a cute game when kids play, but what about in the context of a contentious litigation? […]

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The Continuing Evolution of Personal Jurisdiction in New York Over an Out-of-State Defendant

By: Jeff Basso, Esq.

Posted: December 12th, 2017

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One of the more challenging and ever-evolving issues that we continue to see is determining what is necessary to obtain […]

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