Monthly Archives: January 2015

Posted: January 5, 2015

District Courts Can Order Discovery in Support of Foreign Magistrate’s Investigation

On December 12, 2014, the Second Circuit issued a decision in In Re Application for an Order Pursuant to 28 U.S.C. § 1782 to Conduct Discovery for Use in Foreign Proceedings, 14-2807-CV, affirming the district court’s power to order discovery in support of a foreign criminal investigation. The decision in In Re Application for an… Read more »

Posted: January 5, 2015

Court Refuses to Disqualify Counsel from Defending Both the Nominal Defendant and Other Defendants in a Derivative Action

On December 30, 2014, the First Department issued a decision in Stilwell Value Partners IV, L.P. v. Cavanaugh, 2014 NY Slip Op. 09061, denying a motion to disqualify counsel. In Stilwell Value Partners, the court denied the plaintiff’s motion to disqualify a nominal defendant’s counsel in a derivative action, explaining: Plaintiff failed to show that… Read more »

Posted: January 4, 2015

Breach of Contract Claim Does Not Accrue Until Plaintiff Had the Right to Demand Performance

On December 22, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Golden Tech. Management, LLC v. NextGen Acquisition, Inc., 2014 NY Slip Op. 33368(U), refusing to dismiss claims on statute of limitations grounds. In Golden Tech. Management, the plaintiff brought claims for monies due under a share purchase agreement…. Read more »

Posted: January 3, 2015

Guarantor of Corporation’s Performance of Covenants Under Contract Bound By Corporation’s Consent To Jurisdiction In New York

On December 31, 2014, the Second Department issued a decision in Professional Merchant Advance Capital, LLC v. Your Trading Room, LLC, 2014 NY Slip Op. 09115, holding that the principal of a corporation who personally guaranteed the corporation’s performance of contractual covenants was bound by the corporation’s consent to jurisdiction in New York in a… Read more »

Posted: January 2, 2015

Communications with Accountant Not Privileged When No Record That He Was Engaged By and For Counsel

On December 19, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Barry v. Clermont York Associates, LLC, 2014 NY Slip Op. 33335(U), holding that a client’s communications with an accountant regarding a lawsuit were not privileged. in Barry, the court reviewed a referee’s report regarding disputed privilege claims. One… Read more »