Posts by admin:
New York Court of Appeals Addresses Specific Jurisdiction, Holding That Defendant Purposefully Availed Itself of The Protections of New York Law
By: Jeffrey M. Haber On February 14, 2023, the New York Court of Appeals decided State of New York v. Vayu, Inc., 2023 N.Y. Slip Op. 00801 (Feb. 14, 2023) …
- Posted on: Feb 15 2023
Scrivener’s Error and Mutual Mistake
By: Jeffrey M. Haber As readers of this Blog know, to form a contract, the following elements must be present: an offer, acceptance of the offer, consideration, mutual assent (or …
- Posted on: Feb 13 2023
Yellowstone Injunctions Have Nothing to Do With Kevin Costner’s Leases
By Jonathan H. Freiberger A commercial lease can be a valuable asset for a business. Accordingly, a tenant must be mindful of its rights in the face of a default/cure …
- Posted on: Feb 10 2023
Failure to Consider Theories Raised by Plaintiff in Prior Action Spells Denial of Dismissal of Second Action on Res Judicata Grounds
By: Jeffrey M. Haber Previously, this Blog has examined the doctrine of res judicata (here and here). Under the doctrine, a party may not litigate a claim where a judgment on the …
- Posted on: Feb 8 2023
Enforcement News: Video Game Company Agrees to Pay $35 Million To Settle Charges Concerning Whistleblower Protection Rule and Maintenance of Adequate Disclosure Controls
By: Jeffrey M. Haber We have often written about the SEC’s whistleblower program and, in particular, the success of the program with respect to detecting and preventing violations of the …
- Posted on: Feb 6 2023
If I Only Had a Stapler, We could Have Gotten Allonge Better
By Jonathan H. Freiberger This Blog frequently addresses issues related to mortgage foreclosure actions, generally, and issues of standing, specifically. Much of the background of this article was taken from …
- Posted on: Feb 3 2023
Breach of Contract: Repudiation and Abandonment
By Jeffrey M. Haber Under New York law, a party’s termination of a contract is ineffective when the contract provides for notice and an opportunity to cure, and notice was …
- Posted on: Feb 1 2023
When is a Term Sheet Binding? When the Parties Say So
By: Jeffrey M. Haber Parties to commercial transactions are no doubt familiar with “term sheets”, “letters of intent”, “memoranda of understanding” and “agreements in principle”. As the parties to these …
- Posted on: Jan 30 2023
Setting Aside a Judicial Sale
By Jonathan H. Freiberger Regular readers of this Blog know that we spend a good deal of time writing about mortgage foreclosure. The anticipated conclusion of a mortgage foreclosure action …
- Posted on: Jan 27 2023
“Wayward and Unruly Agent” Found To Forfeit All Compensation Under The Faithless Servant Doctrine
By: Jeffrey M. Haber The faithless servant doctrine1 provides that an employee who is faithless in the performance of their duties (i.e., breaches their duty of loyalty to the employer) …
- Posted on: Jan 25 2023
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