News & Analysis as of

Joint Venture Business Litigation

Farrell Fritz, P.C.

Commercial Division Reiterates That It’s Not a Rubber Stamp for CPLR 3215 Default Motions: Movant Must Set Forth Prima Facie...

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Commercial Division litigators are keenly aware of CPLR 3215’s proof requirements. We can recite in our sleep the need to submit (1) proof of service, (2) proof of default, (3) the amount due, and (4) facts constituting the...more

Farrell Fritz, P.C.

Oral Joint Ventures: The Wild West of Business Associations

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The lion’s share of cases we write about on New York Business Divorce involve consummated business relationships where the warring parties have clearly chosen the particular entity form governing their relations, whether it...more

Whitcomb Selinsky, PC

REA Claims from Joint Ventures: Lessons from BCC-ZAAZTC

Whitcomb Selinsky, PC on

Joint ventures can lead to complex contractual arrangements and potential disputes over authority and claim submissions. In this blog post, we delve into a case involving a joint venture between BCC and ZAAZTC, known as...more

A&O Shearman

No ink, no issue: can you enforce a contract you didn’t sign?

A&O Shearman on

A joint venture company was able to enforce a joint venture agreement despite not being a direct party or signatory to it. Canon Medical Systems, a manufacturer of medical imaging equipment, entered into an agreement with...more

Farrell Fritz, P.C.

Top 10 Business Divorce Cases of 2022

Farrell Fritz, P.C. on

I’m delighted to present our 15th annual list of the past year’s ten most significant business divorce cases. This year’s list includes decisions by New York’s trial and appellate courts concerning a smorgasbord of...more

Miles Mediation & Arbitration

Mitigate the Damages in Business Divorce Through the Use of ADR

As is true with other relationships, some business relationships do not stand the test of time.  Whether it be the stress caused by weak financial performance, lopsided efforts, differing opinions regarding employees,...more

Farrell Fritz, P.C.

A Lesson In Drafting Capital Call Provisions

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Those of us who follow the Delaware Chancery Court’s output are regularly treated to lengthy, detailed, finely crafted opinions sometimes in excess of 100 pages. Opinions of that length from our New York state court judges...more

Conyers

Getting Ready for the Big Day – Keys for Planning a Successful Virtual Trial

Conyers on

British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world....more

Farrell Fritz, P.C.

Joint Venture Agreements: For Better or For Worse; In Profit or In Loss

Farrell Fritz, P.C. on

Just like a bride and groom vow to join together for better or for worse, commercial parties joining together through a joint venture must make a similar promise to share in profits and losses. ...more

Winstead PC

Business Divorce: Partnership Agreement Was Invalid Where It Was Entered Into Between A Fiduciary And Principal And Was Otherwise...

Winstead PC on

In Adam v. Marcos, an attorney and his client agreed to a joint venture/partnership. No. 14-18-00450-CV, 2021 Tex. App. LEXIS 2060 (Tex. App.—Houston March 18, 2021, no pet. history)....more

Farrell Fritz, P.C.

The Oral Partnership Operating as a Corporation: Is it a Partnership? A Corporation? Can it be Both?

Farrell Fritz, P.C. on

Oral agreements to form and operate business enterprises are a recurring subject of this blog. We’ve written many times, for example, about the comparative ease vis-a-vis other kinds of entities with which one can...more

Hogan Lovells

The Litigation Landscape: How to prevail when technology fails - Building resilience into your tech strategy

Hogan Lovells on

We surveyed 550 participants, including GCs, heads of legal or equivalent, chief information security officers or equivalent, COOs and CEOs. The survey covered the automotive, consumer, diversified industrials, financial...more

Carlton Fields

Seventh Circuit Agrees Defendant Expressly Waived Right to Arbitrate by Withdrawing Arbitration Argument From Motion to Dismiss

Carlton Fields on

The Seventh Circuit affirmed a district court order that the defendant waived its right to arbitrate by withdrawing a venue-based arbitration argument from its motion to dismiss. ...more

Farrell Fritz, P.C.

First Department Protective of High-Frequency Trading Algorithm: Considerations in Handling Discovery Requests for Propriety Code,...

Farrell Fritz, P.C. on

As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology.  These requests highlight the...more

Farrell Fritz, P.C.

Shareholder Oppression Requires More Than Denial of Access to Company Information

Farrell Fritz, P.C. on

The family-owned business at the center of Vaccari v Vaccari, 2018 NY Slip Op 30546(U) [Sup Ct NY County Mar. 28, 2018], decided last month by veteran Manhattan Commercial Division Justice Eileen Bransten, is a classic...more

Morris James LLP

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 1

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The Court of Chancery continued to focus on eDiscovery throughout 2014. During the next few weeks we will be recapping 7 cases that covered various topics including preservation, designation of confidential material and the...more

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