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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: October 9, 2016

Arguments of Interest in the Court of Appeals in October

Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include:

  • Flo & Eddie, Inc. v Sirius XM Radio, Inc. (Cal. No. 172) (to be argued Tuesday, October 18, 2016) (“Pleading–Complaint–Whether there is a right of public performance for creators of sound recordings under New York law–If so, what is the nature and scope of that right.”). See the decision of the US Court of Appeals for the Second Circuit certifying this question to the Court of Appeals here.
  • Al Rushaid v Pictet & Cie (Cal. No. 180) (to be argued Wednesday, October 19, 2016) (“Courts–Jurisdiction–Long-arm jurisdiction–foreign bank’s alleged transfer of kickbacks and bribes to New York accounts–whether the Appellate Division erred in determining that defendants’ alleged conduct (using New York correspondent bank accounts to effect wire transfers on behalf of certain individuals) was insufficient to confer personal jurisdiction.”) See the First Department Decision here.
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