Blogs

Monthly Archives: April 2020

Posted: April 30, 2020

Legal Malpractice and Breach of Fiduciary Duty Claims Found Not Duplicative

On April 16, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Harpia Asset Mgt. LLC v. Shanbaum, 2020 NY Slip Op. 30953(U), holding that the plaintiff’s breach of fiduciary duty and legal malpractice claims were not duplicative, explaining: The Shanbaum Defendants argue that the breach of fiduciary duty claim... Read more »

Posted: April 29, 2020

Non-Compete Clause Covering All of United States and Canada Unenforceable

On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Stone Source, LLC v. Hubbard, 2020 NY Slip Op. 30941(U), holding that a non-compete provision covering all of the United States and Canada was unenforceably over-broad, explaining: A restrictive covenant will only be upheld to the extent that... Read more »

Posted: April 28, 2020

Demand Futility Allegations Fail to Overcome High Bar Where Outside Directors are Insulated from Monetary Liability

On April 13, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Barrientos v. Salmirs, 2020 NY Slip Op. 30933(U), holding that a shareholder’s demand futility allegations failed to overcome the high bar that exists where outside directors are insulated from monetary liability, explaining: Further, the Board Members are insulated... Read more »

Posted: April 27, 2020

Party Did Not Waive Contractual Alternative Dispute Resolution Right to Have Expert Resolve Dispute

On April 8, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Dompe Farmaceutici S.P.A. v Lubris, LLC, 2020 NY Slip Op. 30934(U), holding that a party did not waive its contractual alternative dispute resolution right to have an expert resolve its dispute by moving to dismiss a lawsuit, explaining:... Read more »

Posted: April 26, 2020

Acts in New York are Insufficient Basis for Personal Jurisdiction When The Claim is not Based on Those Acts

On April 9, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Access Advantage Master, Ltd. v. Alpha Prime Fund Ltd., 2020 NY Slip Op. 30932(U), holding that acts in New York are an insufficient basis for asserting personal jurisdiction when the plaintiff’s claim is not based on those acts,... Read more »

Posted: April 25, 2020

Failure to Serve Judgment Debtor Dooms Creditor’s Attempts to Collect

On April 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Kasen v. Mission Cantina, LLC, 2020 NY Slip Op. 30929(U), holding that the failure to serve the judgment debtor doomed a creditor’s attempts to collect, explaining: CPLR § 5225 (a) provides: (a) Property in the possession of judgment... Read more »

Posted: April 24, 2020

FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting

FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting By Hillary S. Zilz and Christopher R. Dyess The COVID-19 pandemic has upended the way that we all live and work. With mandatory shelter in place orders across the country, employers have been forced to allow their employees to work from... Read more »