Blogs

Monthly Archives: March 2020

Posted: March 31, 2020

What is the Coronavirus Aid, Relief and Economic Security (“CARES”) Act?

What is the Coronavirus Aid, Relief and Economic Security (“CARES”) Act? By Hillary S. Zilz, Elliott Blanchard and Sam L. Butt. The CARES Act is the federal government’s $2 trillion response to the Covid-19 pandemic. The CARES Act provides for a variety of aid programs to help businesses and individuals affected by the Covid-19 virus.... Read more »

Posted: March 31, 2020

Auto Loan Servicers are Not Professionals Subject to a Professional Malpractice Claim

On March 11, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Condor Capital Corp. v. CALS Invs., LLC, 2020 NY Slip Op. 30765(U), holding that auto loan servicers are not professionals subject to professional malpractice claims, explaining: Condor Capital’s cause of action for professional malpractice alleges that First Associates... Read more »

Posted: March 30, 2020

Coronavirus and Business Interruption Claims: A Guide to Insurance Coverage for Business Losses Arising from the COVID-19 Pandemic

Posted by Bradley J. Nash, Litigation Partner Readers of this blog may be interested in my new article:  Coronavirus and Business Interruption Claims: A Guide to Insurance Coverage for Business Losses Arising from the COVID-19 Pandemic, which is available here. Business interruption insurance can provide much-needed coverage for businesses experiencing sudden losses of revenue in... Read more »

Posted: March 30, 2020

Coronavirus and Business Interruption Claims: A Guide to Insurance Coverage for Business Losses Arising from the COVID-19 Pandemic

Written by Bradley J. Nash, Litigation Partner As the novel Coronavirus/COVID-19 spreads throughout the country and the world—and governments respond with travel restrictions and “shelter in place” orders—businesses of all kinds are experiencing sudden losses of revenue on an unprecedented scale.  Business interruption insurance may provide much-needed coverage for some of these losses.  Does your... Read more »

Posted: March 30, 2020

Statute of Repose Bars Securities Act Claims

On March 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Matlick v. Amtrust Fin. Servs., Inc., 2020 NY Slip Op. 50357(U), holding that Securities Act claims were barred by the statute of repose, explaining: Section 13 of the 1933 Act contains both a statute of limitations and a... Read more »

Posted: March 28, 2020

Defendant Could Not Terminate Contractor Without Providing Contractually-Required Notice and Opportunity to Cure

On March 3, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Five Star Contr. Cos. Inc. v. Board of Trustees of the Fashion Inst. of Tech., 2020 NY Slip Op. 30688(U), holding that a contractor could not be terminated without being provided the contractually-required notice and opportunity to cure,... Read more »

Posted: March 27, 2020

Fraud Claim Regarding Company’s Legal Status Fails for Lack of Due Diligence; Status Was Available to Public on Government Website

On March 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Next Fabrics, LLC v. Jomar Inc., 2020 NY Slip Op. 30693(U), holding that a fraud claim based on misrepresentations regarding a company’s incorporation status failed for lack of due diligence because the company’ status was publicly-available, explaining: The... Read more »

Posted: March 26, 2020

Coronavirus and the Commercial Tenant: A Guide to Dealing With Your Landlord During the COVID-19 Pandemic

Coronavirus and the Commercial Tenant: A Guide to Dealing With Your Landlord During the COVID-19 Pandemic By Jeffrey M. Eilender, Joshua Wurtzel, and Christopher R. Dyess As much of New York’s economy grinds to a halt, businesses of all kinds are asking how they will pay their rent. The answer, if you have good legal... Read more »