Monthly Archives: October 2016

Posted: October 30, 2016

Defendant’s RMBS Breach Analyses Not Protected Work Product

On October 12, 2016, Justice Bransten of the New York County Commercial Division issued a decision in ACE Securities Corp. v. DB Structured Products, Inc., 2016 NY Slip Op. 26337, holding that a defendant’s analysis of whether various contract provisions had been breached was not protected work product, explaining: To establish that the Breach Analyses… Read more »

Posted: October 29, 2016

Family Relationship of Majority of Managers Does Not Excuse Demand in Derivative Suit

On October 11, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in Danial v. Monasebian, 2016 NY Slip Op. 31909(U), holding that a family relationship among managers did not excuse demand in a derivative action, explaining: Demand is deemed futile and thus excused in the following three situations when alleged… Read more »

Posted: October 28, 2016

Attorney Properly Disqualified Under Attorney-Witness Rule

On October 19, 2016, the Second Department issued a decision in Bajohr v. Berg, 2016 NY Slip Op. 06797, affirming an order disqualifying an attorney under the attorney-witness rule, explaining: The disqualification of an attorney is a matter that rests within the sound discretion of the trial court. The advocate-witness rules contained in the Rules… Read more »

Posted: October 25, 2016

Decision to Disqualify Counsel in Arbitration is for Court, Not Arbitrator

On October 14, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in Rahmani v. Venture Capital Properties LLC, 2016 NY Slip Op. 31927(U), holding that the decision whether to disqualify counsel is for the court, not the arbitrator, explaining: [M]atters of attorney discipline are beyond the jurisdiction of arbitrators; issues… Read more »

Posted: October 24, 2016

Allegations of Deceit or Wrongdoing Necessary for Veil Piercing Claim

On October 20, 2016, the First Department issued a decision in Pensmore Investments, LLC. v Gruppo, Levey & Co., 2016 NY Slip Op. 06899, holding that allegations of deceit or wrongdoing are necessary to allege a veil piercing claim, explaining: Plaintiff established a likelihood of success on its veil piercing claim by showing that defendants… Read more »