News & Analysis as of

Commercial Litigation

Cadwalader, Wickersham & Taft LLP

A Halloween Scare: Ambiguity in Loan Terms

A recent decision in the Commercial Division of the Supreme Court, New York County, emphasizes the importance of clear and unambiguous contract drafting in all lending situations, including real estate. Acting Supreme Court...more

Katten Muchin Rosenman LLP

Answer Your Lawyer's Emails

A recent opinion of the D.C. Court of Appeals is, on the surface, about procedural doctrines on service of process and court notices. But the case also teaches a simpler lesson: Answer your lawyer’s emails....more

BakerHostetler

The Business Courts’ Gavels Are in Full Swing

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As we previously reported, the Texas Business Courts became effective on September 1, 2024. Between the passage of House Bill 19, which created the Business Courts, and September 1, significant preparations were made for the...more

Locke Lord LLP

The Texas Business Court’s First Thirty Days

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The Texas Business Court opened September 1, 2024. In the months before the specialized trial court opened, Governor Abbott appointed ten judges to hear cases in five of Texas’ eleven Judicial Administrative Regions, serving...more

J.S. Held

Unmasking Greenwashing: Avoiding Potentially Deceptive Practices

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Introduction - In today's world, the spotlight on Environmental, Social, and Governance (ESG) practices is brighter than ever. Stakeholders, including investors, consumers, and even corporate employees, are demanding that...more

Conyers

Developments in Disclosure Orders Against Decentralised Finance Projects

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Cayman Foundation Companies are growing in popularity as a vehicle of choice for decentralised autonomous organisations (DAOs) to take on legal personality. In a landmark decision, the Hong Kong High Court recently...more

A&O Shearman

Fifth Circuit Securities Litigation Quarterly: Third Quarter 2024

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Welcome to the Q3 2024 edition of A&O Shearman’s Fifth Circuit Securities Litigation Quarterly. As public companies and financial institutions continue to migrate to Texas, our Texas-based securities litigation team continues...more

Farrell Fritz, P.C.

Playing Nice in the Litigation Sandbox

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I think it’s fair to say that Commercial Division judges have little time for discovery disputes.  If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting...more

A&O Shearman

Ships in the night? Loss of bargain damages and repudiatory breach

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Questions about damages always seem to be far more difficult to answer than they ought to be. Here the court, overturning an arbitration tribunal on a point of law, found that a contractual right to terminate an agreement to...more

Farrell Fritz, P.C.

Court Permits Expert Reports with Disclosure Gaps but Recognizes Limits on Trial Testimony

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My colleague Matt Donovan recently wrote about the requirements of Commercial Division Rule 13(c) and highlighted certain decisions in which expert reports were precluded for non-compliance. This week’s post looks at a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities Litigators - October 2024

Ninth Circuit Affirms Dismissal of Insider Trading Claims Against Satellite Operator Investors Based on Stock Sales After FCC Chairman Vote - In re Silver Lake Grp., LLC Sec. Litig. (9th Cir. July 24, 2024) What to...more

Jones Day

Additional Limitations on Forum Selection Clauses in Contracts Subject to the Jurisdiction of the "Brazilian Courts"

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Because the Brazilian president enacted a federal law restricting the right of contracting parties to choose a specific forum for contract disputes, parties should consider their litigation strategies and review existing...more

Farrell Fritz, P.C.

A Deposition Wake Up Call: Commercial Division Strikes Pleading for Repeated Failure to Appear for a Deposition

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As readers of this blog are aware, the most contentious battles during a lawsuit are fought during discovery. Among the various discovery battles is scheduling depositions. In many cases, parties tend to reschedule...more

Jenner & Block

Delaware Supreme Court Clarifies MFW Framework

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On April 4, 2024, the Delaware Supreme Court held in In re Match Group Inc., Derivative Litigation that the entire fairness standard of review applies to all controlling stockholder transactions in which a controller receives...more

DarrowEverett LLP

Litigating Arbitration Awards: Federal Courts Decline to Punch the Jurisdictional Ticket

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Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more

Farrell Fritz, P.C.

An Evening with New York’s Commercial Division Justices 2024: Takeaways & Insights

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As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division...more

Epstein Becker & Green

Key Takeaways From Recent Amendments to the New Jersey Court Rules

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The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year....more

Hahn Loeser & Parks LLP

Expanding Intrigue of AI in Construction

Artificial Intelligence (“AI”) has roared into the discourse of the new economy. While the construction industry has lagged behind in its implementation, there is no doubt that AI has become an inescapable reality....more

A&O Shearman

Sanction for scheme of arrangement refused by Hong Kong court: Key takeaways

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Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to...more

Bradley Arant Boult Cummings LLP

Cannabis and Civil Litigation: Has the Cannabis Industry Finally Met Its Most Dangerous Foe?

They say the first step is admitting you have a problem. My name is Whitt, and I’m a recovering litigator. I’ve spent years sending ugly letters and playing a zero-sum game with strangers, and it generally didn’t lead to a...more

Foley Hoag LLP - Cannabis and the Law

Last Call for Delaware Applications: Some tips for Applicants

License hunters may have whiplash with state application processes in Kentucky, Minnesota, and Ohio (10(b) licenses) barely in the rearview mirror, but Delaware’s new license application deadline is fast approaching....more

White & Case LLP

Lakatamia Shipping: off the hook? High Court finds no third-party breach of a freezing injunction

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Lakatamia Shipping Company Ltd v Su and others [2024] EWHC 1749 (Comm) illustrates how the Babanaft proviso typically included in a worldwide freezing order may serve to limit the liability of foreign third parties who...more

Seyfarth Shaw LLP

New York Joins States Permitting Dealers To Claim Warranty Reimbursement Using Third Party Labor Time Guides - Seyfarth's Future...

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On September 4, 2024, New York Gov. Kathy Hochul signed into law an amendment to New York’s warranty reimbursement statute, N.Y. Veh. & Traf. Law § 465, requiring manufacturers to compensate dealers for labor using the...more

Sunstein LLP

Trade Secret Damages Beyond the Actual Loss Suffered by Plaintiffs Become Harder to Obtain

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The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more

Jones Day

Misleading or Deceptive Conduct Claims on Projects in Australia

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A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining,...more

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