Commercial Law Blogs

Commercial law blogs and blawgs, published by commercial lawyers and business law firms.

Hacking Privileged Communications Warrants Striking Answer

by ASchlossberg December 1, 2017 Blawg

The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole privileged and confidential e-mails.”  Plaintiffs alleged that their Chairman and Managing Director discovered that all of the emails in his account had been forwarded […]

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Insurance Coverage Can Not be Created by Untimely Disclaimer

by ASchlossberg November 2, 2017 Blawg

In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff moved for summary judgment.  Defendants opposed the motion by asserting that plaintiff failed to timely disclaim coverage for the accident.  At the time of the […]

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Labor Law Claims Dismissed Based On Proximate Cause

by ASchlossberg October 20, 2017 Blawg

The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell from a scaffold while working on a construction site.  Plaintiff asserted a cause of action for common law negligence and a number of labor […]

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Defendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply with Discovery Demands

by ASchlossberg September 5, 2017 Blawg

As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable demands to produce records and information that are necessary and relevant to the action.  Indeed the frequent reluctance of judges to punish parties for […]

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To Partner or Not to Partner

by ASchlossberg July 20, 2017 Blawg

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there was no written agreement, the court was compelled to consider extraneous factors — the parties’ intent, whether there was joint control and management […]

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Changes affecting Insolvency Practitioners and Directors

by Andy Wilks, FWJ October 8, 2015 Commercial Law

As from 1 October 2015, Regulations have introduced the key provisions of the Small Business, Enterprise and Employment Act 2015 (“the Act”) as regards its affect on Directors and Insolvency Practitioners. This introduces very important changes which will have a considerable impact on Directors and the position of Insolvency Practitioners acting as Administrators or Liquidators. […]

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The Rising Tide of Settlement

by ASchlossberg July 2, 2015 Business Law

Two recent New York settlements of $17 million and $6.5 million were made prior to litigation. New York City Comptroller Scott M. Stringer would like to lighten the docket. Stringer’s plan could decrease costs and aid in reallocating funds to other ventures. Pre-litigation dispute resolution often benefits all parties involved, minimizing time and cost expenditures […]

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Contract Terms Have Teeth

by ASchlossberg June 15, 2015 Commercial Law

Often parties to contracts want sympathy and their understanding of terms to impact on the interpretation of those terms by a judge when things go south. However, if the contract terms are clear, it doesn’t matter what one party’s understanding may or may not have been. In Moutopoulis v. 2075-2081 Wallace Ave. Owners Corp., 2015 […]

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To Contract or Not to Contract

by ASchlossberg May 28, 2015 Business Law

With society rapidly advancing and contract law constantly developing, the simple act of reducing agreements to writing is as significant now as ever. Especially when tens of millions of dollars are on the line. In Power Restoration Int’l, Inc. v. PepsiCo, Inc., 2015 U.S. Dist. LEXIS 32415 (E.D. Pa. 2015), Power Restoration alleged that Pepsico […]

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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category of products. Yo-yo, Escalator, and […]

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Depositions: A New Direction for New York

by ASchlossberg February 9, 2015 Administrative Law

Depositions: A New Direction for New York New York is making a significant change on the deposition front. A new deposition rule for the New York Commercial Division is on the horizon. Effective April 1, 2015, under Administrative Order 336a/14, New York courts will enact Rule 11-d of Section 202.70(g) per a December 22, 2014 […]

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Misappropriation in the 21st Century

by ASchlossberg October 30, 2014 Commercial Law

There may be no more perplexing legal issue in today’s fast-paced, exploitative world of apps, smart watches and 4G than protecting one’s work product. Commercial Division Justice Melvin L. Schweitzer recently ushered New York into the 21st century by creating a new cause of action in Schroeder v. Pinterest, Inc., 2014 N.Y. Misc. LEXIS 3083, […]

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3 Common Types of Commercial Litigation Cases

by MrMilesYoung February 6, 2014 Commercial Law

(US law/generally) Hopefully you’ll never find yourself in litigation, but sometimes, it’s inevitable. It’s important, then, that you understand a few of the more common types of commercial litigation cases. If you find yourself in a case, chances are that your case falls into one of the three most common categories: Breach of Contract In […]

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At what stage can a Director Disqualification Undertaking be given?

by Andyfwj January 17, 2014 Business Law

An undertaking can be given either before or after the issue of formal legal proceedings by the Secretary of State. Prior to issuing of proceedings As set out already in this blog, before issuing formal proceedings, the Secretary of State will send a section 16 letter to an individual asking whether he/she will agree to […]

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Mims v. Arrow Financial Services, LLC: Lawsuits Stemming from Automated Phone Calls Can be Brought in Federal or State Courts

by Adam J Krohn January 9, 2014 BigLaw

The Telephone Consumer Protection Act (TCPA) was in enacted in 1991 in response to consumer complaints about the abuses of telephone technology. It was determined by Congress that because telemarketers were escaping state prohibitions on nuisance calls, federal legislation was necessary. Some of the invasive telemarketing practice the TCPA bans include: Placing automated calls to […]

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Civil Trial in Indonesia – Overview

by Taji Sianturi December 12, 2013 Commercial Law

Indonesian Litigation Procedure on Civil Law/Case is basically regulated by two regulations, the Herziene Inlandsch Reglement (HIR) and the Rechtsreglement voor de Buitengewesten (RBg.). Indonesian trial systems do not use juries. Instead, decisions are made by a panel judges. One of these judges is the Chair (ketua) and is usually more senior than the other judges.  Lawyers are placed […]

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Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

by Adam J Krohn November 28, 2013 Banking

The purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop debt collection practices that are abusive and to protect the consumer.  Under the FDCPA, 15 USC Section 1692d, debt collectors cannot engage in conduct that is meant to harass, oppress, or abuse a person when attempting to collect a debt.  More specifically, […]

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The Consumer Financial Protection Bureau Wants to Hear from Consumers about their Bad Experiences with Debt Collectors

by Adam J Krohn November 14, 2013 BigLaw

Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them.  They are preparing to update the rules that govern how debt collectors communicate with borrowers and they are seeking information from both debt collection companies and consumer advocates to help them prepare the new rules.  […]

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Know When to Settle and When to Go to Trial

by Theodore Spaulding October 4, 2013 Blawg

As an Atlanta attorney trying complex business matters throughout metro-Atlanta, I found a 2008 study finding that settling a case is better than going to trial in most instances rings just as true today as it did five years ago.  The New York Times article outlining the study indicates that “lawyers and clients in civil […]

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Further Crackdowns on Abusive Debt Collectors: FTC Issues Fines and Steps up FDCPA Enforcement to Protect You

by Adam J Krohn July 31, 2013 Blawg

Consumers who are deep in debt have enough to worry about without being continuously harassed by debt collection companies.  According to federal data, there are around 30 million Americans that have debt that is under collection.  Some of the abusive debt collectors make harassing phone calls, sometimes even late at night.  They may also use […]

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U.S. Consumer Bureau Plans to Crackdown on Abusive Debt Collectors

by Adam J Krohn July 18, 2013 Blawging

(First published at  http://www.westopdebtcollectors.com/blog/us-consumer-bureau-plans-to-crackdown-on-abusive-debt-collectors.html) There are more than 4,500 collection firms in the United States.  While many debt collectors follow the rules laid out under the Fair Debt Collection Practices Act (FDCPA), there are others who do not because they did not fall under the FDCPA’s jurisdiction.  Debt collection complaints are common, with more complaints […]

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Will Lehman Brothers Compensate Australian Churches, Charities and Local Governmental Councils?

by jiffee July 2, 2013 Commercial Law

Ever since the financial collapse of 2008, investors from around the world have attempted to recoup their investments from American banks and financial entities. Lehman Brothers is just one example of many financial firms that failed in 2008, and it has had to deal with the aftermath of this failure. Part of this aftermath has […]

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TCPA Damages Ruled to be Remedial in Illinois

by Adam J Krohn June 20, 2013 Business Law

The Telephone Consumer Protection Act (“TCPA”) prohibits several telemarketing practices (such as sending spam faxes).  Under the TCPA there is a private right of action, along with the ability to seek $500 in damages for every violation (for every unsolicited fax) or the possibility of treble damages (when unsolicited faxes are sent willfully and knowingly).  […]

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Paddy Power Beats the Odds in Licence Appeal Case

by EdwardHandsandLewis June 20, 2013 Blawg

  By Sanveer Sandhu After being locked in a struggle with Newham Council, Paddy Power has won its appeal after the London council refused to allow it to open a betting shop in the area.   Paddy Power had originally been refused a licence application to open a new shop in Newham, which would have […]

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Will the Energy Act 2011 affect you as a commercial landlord?

by EdwardHandsandLewis May 21, 2013 Blawg

By Eleanor Robinson The Energy Act 2011 will not come into force until 1 April 2018, but commercial landlords are advised to start planning now, or face great difficulties in the future. The Act will introduce a minimum acceptable energy level rating (currently suggested to be an E rating). Any building rated lower than this […]

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