Does An Agreement Really Have To Be In Writing?
- May 17 2017
Attorneys are often asked whether an oral agreement is enforceable. Most will say that the answer depends on the law and the facts surrounding the agreement. As an initial matter, …
Category: Commercial Litigation
Court Upholds Striking Answer As Sanction For Failure To Comply With Discovery Demands And Discovery Orders
- Apr 26 2017
Litigants and their attorneys who fail to comply with discovery demands and/or discovery orders do so at their peril. Such non-compliance can lead to penalties and sanctions, especially when the …
Fraud Action Dismissed On Standing Grounds Because The Claim Did Not Transfer With The Assignment Of The Contract
- Apr 24 2017
Last year, this Blog wrote about the importance of assigning title to, or ownership in, a claim, when assigning the right to pursue an action to another party. (Here.) Recently, …
A Lesson In Personal Liability For Owners Of A Soon-To-Be Formed Llc
- Apr 19 2017
The limited liability company (“LLC”) is a relatively new business form that combines features of a corporation (a separate legal entity and limited liability) and those of a partnership (pass-through …
Another Faithless Servant Required to Forfeit Compensation
- Mar 16 2017
Last November, this Blog discussed the faithless servant doctrine under New York law. (Here.) As explained, the courts have applied the doctrine to a wide variety of misconduct, including, but …
Spoliation Of Evidence, Even If Done In The Normal Course Of Business, Is Sanctionable
- Mar 8 2017
An important part of any litigation is documentary discovery. As any litigant can attest, especially in complex matters, documents form the foundation of discovery plans and strategies, and, more significantly, …
Confirmation Of Deal With After-The-Fact Terms And Conditions Is Part Of The Original Agreement
- Mar 6 2017
Your client is engaged in negotiations to sell his company’s widgets in a purchase and sale transaction. After months of negotiations, the parties verbally agree to the salient terms of …
Llc Breakups And Judicial Dissolution: The Hurdles Are High
- Mar 3 2017
Over the past few weeks, this Blog has explored the advantages and disadvantages of forming a limited liability company (“LLC”), as well as the fiduciary obligations of non-managing members in …
FINRA Targeting Rogue Brokers
- Feb 24 2017
Last month this blog wrote about the Securities and Exchange Commission’s list of exam priorities for 2017 here. Included in that list was a focus on registered representatives and employers …
When a Term Sheet is Not an Enforceable Contract
- Feb 22 2017
Last month, this Blog wrote about McGowan v. Clarion Partners, LLC, a decision involving the enforceability of a transaction term sheet. In McGowan, Justice Scarpulla of the New York County, …
