Parties require forum selection clauses to reduce litigation expenses, avoid adverse laws, and mitigate Under New York law, “a contractual forum selection clause is documentary evidence that may provide a To underscore this point, Blackwell filed a lawsuit in Texas state court on June 21, 2018, “alleg that

Under New York law, to recover damages for fraud, a “plaintiff must prove a misrepresentation or a material Takeaway As noted, in a real estate transaction, the law does not impose a duty on the seller or the

Last year, this Blog wrote about the basic principles of contract interpretation under New York law. “Whether or not a writing is ambiguous is a question of law to be resolved by the courts.” Under New York law, “ written contract, ‘which contains a provision to the effect that it cannot be Quoting General Obligations Law (“GOL”) § 15-301(1), and citing Centaur Props., LLC v. further written agreement before any party is contractually bound, it is unreasonable as a matter of law

If your firm is being investigated or is embroiled in an investor lawsuit, you should engage the services

One month later, the insurance company’s lawyer filed a motion to vacate the settlement agreement, arguing

Recently, this Blog wrote about the law governing the theft or misappropriation of trade secrets. ( Here In those two states, however, the protection of trade secrets is governed by the common law. In New York, there is no case law explicitly defining “improper means”.   Under New York law, a trade secret is misappropriated if it was obtained through corporate espionage

The Applicable New York Law Statute of Limitations for Fraud Under CPLR § 213(8), an action for fraud This inquiry “involves a mixed question of law and fact, and, where it does not conclusively appear that of conducting activities within the forum State, thus invoking the benefits and protections of its laws Moreover, the Court noted that because 2014 Agreement was the subject of the lawsuit, it was directly filing the first lawsuit against in the Southern District of New York”).

Freiberger The death of a litigant during the pendency of a lawsuit is not uncommon.

can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit

Lawyers should be mindful that the signed writing aspect of CPLR 2104 can be satisfied by e-mails exchanged addition, the Forcelli Court noted that “settlement agreements are subject to the principles of contract law

A lawsuit was filed in Dallas federal court in late June by the U.S. According to the lawsuit, only the Securities and Exchange Commission has the jurisdiction to do so. The lawsuit comes as no surprise since financial firms have been battling with the Labor Department since Meanwhile, Congressional lawmakers have floated legislation to block the rule from becoming effective Whether or not these lawsuits will prevail remains to be seen, however, given the tenor of the times

A no-action clause is designed to (a) prevent frivolous or duplicative lawsuits by minority holders; from the Termination Price, (4) the Trustee’s alleged dual role as servicers in other actions, (5) lawsuits