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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: June 17, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of June 2, 2014, Now Available

On May 29, 2014, we noted two cases of interest from the oral arguments for the week of June 2, 2014:

  • Docket No. 129: People v. John F. Haggerty, Jr. (a criminal case addressing an evidentiary issue also relevant to commercial litigators—the best evidence rule: specifically, whether the testimony of the attorney who drafted a trust is admissible to prove the ownership of the trust assets when the trust agreement was available)). See the transcript and the video.
  • Docket No. 136: In re: Thelen LLP (Geron v Seyfarth Shaw LLP) and No. 137: In re: Coudert Brothers, LLP (Development Specialists, Inc. v K&L Gates LLP) (addressing certified questions from the Second Circuit: “Under New York law, is a client matter that is billed on an hourly basis the property of a law firm, such that, upon dissolution and in related bankruptcy proceedings, the law firm is entitled to the profit earned on such matters as the “unfinished business” of the firm?” and “If so, how does New York law define a ‘client matter’ for purposes of the unfinished business doctrine and what proportion of the profit derived from an ongoing hourly matter may the new law firm retain?). See the transcript and the video.
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