By Curtis Leitner and MarcAnthony Bonanno | February 10, 2023
'Morpheus' and 'Dominik' raise the prospect that courts—and certainly parties litigating an investment banking fee—will be tempted to stack the deck in favor of a vague and fact-specific procuring cause standard. Once again, bankers beware.
New York Law Journal | Analysis
By Alan Feigenbaum | February 7, 2023
The path towards trying to achieve unbreakable, or "ironclad" agreements for our clients may have just gotten a lot more treacherous in New York.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | February 7, 2023
Buyers and sellers of real estate must consider how legal principles pertaining to fraud might affect sellers' liability for any false statements made in the context of their transactions.
By Jason Grant | February 3, 2023
"Given the allegations that Morelli acknowledged the dispute [over the additional 10% contingency fee] multiple times, [Morelli Law Firm's] arguments regarding the possible binding effect of the fee letter, and defendant's possible ratification thereof, raise issues of fact," said Manhattan Supreme Court Justice Louis Nock.
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene | January 31, 2023
The enforceability of undefined terms such as "best efforts" often turns on how the commercial lease is drafted. This article discusses how New York courts interpret and enforce these "efforts" clauses.
By Cassandre Coyer | January 26, 2023
Broad-reaching AI regulations could eventually come down the pipeline. But in the meantime, many clients are contractually mandating their AI companies to take steps to address the risk of bias.
New York Law Journal | Analysis
By Joel R. Brandes | January 17, 2023
In his Law and the Family column, Joel Brandes discusses the factors needed for a marital agreement to qualify as binding and enforceable and when the court will step in to "fill in the gaps."
New York Law Journal | Expert Opinion
By Scott Mollen | January 3, 2023
Scott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
New York Law Journal | Expert Opinion
By Adrienne B. Koch | December 20, 2022
This article—the last in Adrienne Koch's three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase, she explores the reasons why, and suggests some drafting considerations.
New York Law Journal | Expert Opinion
By Scott Mollen | December 6, 2022
Scott Mollen discusses "Golan v. Daily News," where an article about the plaintiff's deceptive real estate practices did not constitute defamation, and "Williams v. Sowle," where the complaint was dismissed for failure to establish the mistake in conveyance was mutual.
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