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February 23, 2024 | Connecticut Law Tribune

Case to Proceed Against McCarter & English

Both parties agreed that legal malpractice has a three-year statute of limitations, while breach-of-contract claims have a six-year statute of limitations.
3 minute read
January 04, 2024 | New York Law Journal

Litigating 'Cause' Under New York Employment Contracts

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.
8 minute read
October 27, 2023 | Law.com

'Excessive Uncertainty'?: Insurers, Commercial Policyholders Anxiously Await Ohio Indemnification Ruling in Lead Paint Case

"My amici clients, who are manufacturers, are concerned about whether manufacturers will receive the tort liability insurance coverage that they paid substantial premium for and that they expected," said Sherilyn Pastor, an insurance recovery partner at McCarter & English in Newark, New Jersey, who authored the amicus brief on behalf of the Product Liability Council and the National Association of Manufacturers.
6 minute read
September 19, 2023 | New York Law Journal

First Dept. Forms Bright-Line Rule To Cap Damages From Breach of 'Agreement to Agree'

In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.
8 minute read
September 05, 2023 | Connecticut Law Tribune

McCarter & English Faces Legal Malpractice Claim

"In an attempt to save their untimely claims, plaintiffs first argue the two loans were essentially one big transaction because the loans were similar and there was a cross-default provision. They then argue the legal representation continued to August 17," the defendants said in their reply in support. "Both arguments fail."
4 minute read
June 12, 2023 | New York Law Journal

The Southern District's 'Limited Exception' for Finder's Fee Contracts

A recent decision in the Southern District of New York, Rhee v. SHVMS, provides important guidance on the distinction between a finder and a broker. This article explains the distinction, the surrounding legal uncertainty, and how Rhee creates a practical roadmap for drafting compliant and enforceable "finder's fee" agreements.
9 minute read
March 01, 2023 | New York Law Journal

Can an 'Agreement to Agree' Support Expectation Damages?

In this new column, Curtis Leitner, a business litigation Partner at McCarter & English's New York City Office, together with a guest columnist, analyzes developments in New York contract law from a litigation perspective.
10 minute read
February 10, 2023 | New York Law Journal

Bankers Beware: The Reach of the Procuring Cause Standard

'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.
9 minute read
January 18, 2023 | Delaware Law Weekly

Del. Supreme Court Argument Focuses on Contractual Meaning of 'And'

The dispute came down to whether "and" meant two circumstances needed to apply, or if one of them--a chief marketing officer's termination--alone was enough.
4 minute read
January 18, 2023 | Delaware Business Court Insider

Conjunction Confusion: Del Supreme Court Considers Contractual Meaning of 'And'

The dispute came down to whether "and" meant two circumstances needed to apply, or if one of them--a chief marketing officer's termination--alone was enough.
4 minute read

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