New York Law Journal | Analysis
By Michael H. Masri and Katarina Thallner | February 23, 2024
This article, written by litigators, is intended to inform drafters of the need for clearly delineated rights to indemnification, on one hand, and fee advancement on the other. It surveys New York's interpretation of Limited Liability Company Law §420 and identifies considerations for both indemnification and fee advancement.
New York Law Journal | Analysis
By Joel R. Brandes | February 22, 2024
New York courts have reluctantly passed upon the enforcement of religious marriage contracts. The restrictions of the First Amendment constrain state courts from limiting the free exercise of religion or the use of civil law to support or further its establishment. The reported decisions dealing with the enforcement of religious marriage contracts involve Jewish and Islamic marriage contracts that are discussed in this article.
By Michael Liptrot | January 31, 2024
As it turns out, there are ways to invalidate prenups.
By Emily Saul | January 25, 2024
Cookies Retail, which sued Cookies SF, which bills itself as the first $1 billion cannabis brand, is represented lawyers from Gordon Rees Scully Mansukhani, and also attorneys from Buchalter.
By Ellen Bardash | January 18, 2024
The Jan. 17 decision, as a summary order, doesn't set an official precedent, but it signals to attorneys what level of evidence may be needed for a case claiming transaction-related NDAs were breached to have a chance at going to trial. Judges John M. Walker Jr., Denny Chin and Beth Robinson considered the appeal.
By Robert J. Fryman | January 18, 2024
On Nov. 17, 2023, Governor Kathy Hochul signed legislation amending New York's General Business Law Sections 756-a and 756-c, known as the Prompt Payment Act, to limit the withholding of retainage on private improvement construction projects. As a result of these amendments, close attention must be paid to contract terms and conditions during contract preparation, review or negotiation.
New York Law Journal | Analysis
By Curtis B. Leitner and Justyn B. Stokely | January 4, 2024
Sometimes the "cause" standard in employment contracts specifies particular misconduct and a minimum level of culpability, such as "gross negligence" or "recklessness." Sometimes it's undefined. Either way, these provisions leave open a critical issue: the relevance of the employer's honesty, good faith and evenhandedness in applying the "cause" standard. Surprisingly, the New York case law on this point is a mixed bag.
By Scott Mollen | January 2, 2024
Scott Mollen discusses "Stempeck v. Townhouse West 83rd," dealing with attorney fees, and "Coscia v. Town of Greenburgh," involving an untimely tax assessment challenge proceeding.
By Scott Mollen | December 26, 2023
Scott Mollen discusses "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.
The Legal Intelligencer | Commentary
By Craig R. Tractenberg | December 21, 2023
Commercial arbitration is increasing in frequency and value. Recent cases have addressed two emerging issues. The first is whether a nonsignatory to an arbitration clause can compel or avoid arbitration. The second, more novel issue, is whether a nonsignatory can compel another nonsignatory to arbitration.
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