Issues of Fact Surround Application of Business Judgment Rule
- Feb 5 2025
By: Jeffrey M. Haber It is not uncommon for courts to apply the law of another jurisdiction to resolve a dispute before it. In commercial matters, choice of law contract …
By: Jeffrey M. Haber It is not uncommon for courts to apply the law of another jurisdiction to resolve a dispute before it. In commercial matters, choice of law contract …
By: Jeffrey M. Haber As readers of this Blog know, to recover damages for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false …
By: Jeffrey M. Haber We have written frequently about the substance and scope of general releases.[1] In New York, “a valid release constitutes a complete bar to an action on a …
By: Jeffrey M. Haber In New York, litigants often grapple with the appropriate limitation period to apply to breach of fiduciary claims. There is no single statute of limitations that …
By: Jeffrey M. Haber In Hobish v. AXA Equit. Life Ins. Co., 2025 N.Y. Slip Op. 00183 (Jan. 14, 2025) (here), the New York Court of Appeals addressed the question of …
By: Jeffrey M. Haber On numerous occasions, this Blog has examined the attorney-client privilege, the common interest doctrine, and the attorney work product doctrine.[1] Today, we take another opportunity to …
By: Jeffrey M. Haber Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is …
By: Jeffrey M. Haber The justifiable reliance element has been described as a “fundamental precept”[1] and a “venerable rule”.[2] The requirement is one of the five elements of a fraud cause …
By: Jeffrey M. Haber In International Business Machs. Corp. v. GlobalFoundries U.S. Inc., 2024 N.Y. Slip Op. 06425 (1st Dept. Dec. 19, 2024) (here), the Appellate Division, First Department was …
By: Jeffrey M. Haber In almost every litigation, the question that clients most often ask is whether they can get back their attorney’s fees. As we have explained in past articles …