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  • Article

    The Symbiotic Relationship Between Tax Attorneys And Accountants

    It is not uncommon for a potential new client or even a new referral source to ask, "why would someone need to hire a tax attorney when they already have an ac­countant?" In many instances...
    United StatesTax
    Farrell Fritz
    Farrell Fritz
  • Article

    From Hallucinations To Sanctions: Perils Of The Use Of Legal AI

    A recent decision from Suffolk County Justice Linda Kevins in Cassata v Michael Macrina Architect, P.C. serves as yet another warning to practitioners concerning the risks and ethical considerations...
    United StatesTechnology
    Farrell Fritz
    Farrell Fritz
Article

Court Of Appeals Confirms CPLR 9802’s Notice Of Claim Obligations Apply To Counterclaims: A Shield Or A Sword?

A recent New York Court of Appeals decision demonstrates the strict consequences of failing to file a timely notice of claim under CPLR 9802 when pursuing contractual claims against incorporated villages. The case examines whether a village can assert this statutory defense after engaging in extensive litigation, and explores the narrow circumstances under which equitable estoppel might prevent enforcement of the notice requirement.
United StatesLitigation, Mediation & Arbitration
Farrell Fritz
Farrell Fritz
  • Article

    Context Matters: Commercial Division Declines Application Of The Business Judgment Rule In A Going-Private Merger Transaction.

    The business judgment rule is a common-law principle that generally prohibits courts from questioning the propriety of actions taken by corporate directors and officers...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    It's Time To CO-OPerate: Commercial Division Refuses To Overturn Election Of Board Of Directors

    Business Corporation Law § 619 ("BCL") gives shareholders an "exclusive method . . . to test the validity of an election of a director." Specifically, BCL § 619 states...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    New Year, New (Proposed) Rules: Updates In The Commercial Division

    Amid the hustle and bustle of the holiday season, and gearing up for the new year, the Commercial Division Advisory Council (the "Advisory Council")...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    Persistence, Procedure, And Default: Lessons From ACM MCC VI LLC v. Able Liquidation Three & Thomas Rossi

    On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    Retirement Of Working Owners Of Closely Held Business Entities: What's Your Plan?

    It's a fact that the great majority of multi-owner, closely held business entities are run by working owners. In many if not most instances the working owners realize the financial benefits...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    Lengthy Opinion Delivered Regarding In Terrorem Clause

    It is a rare day that the Court of Appeals, New York's highest Court, deals with trust and estate matters, let alone something as granular as the validity of an in terrorem clause.
    United StatesLitigation, Mediation & Arbitration
    Farrell Fritz
    Farrell Fritz
  • Article

    Preparation Is Everything: Commercial Division Advisory Council Proposes New Model Pre-Trial Order For Trials In The Commercial Division

    Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability.
    United StatesLitigation, Mediation & Arbitration
    Farrell Fritz
    Farrell Fritz
  • Article

    Revenue Participation Rights As A Crowdfunding Instrument Alternative

    The anti-child trafficking thriller "Sound of Freedom" just opened in theatres on July 4th. Based on a true story, it stars Jim Caviezal as former Homeland Security special...
    United StatesMedia, Telecoms, IT, Entertainment
    Farrell Fritz
    Farrell Fritz
  • Article

    Portability Pitfalls: Why Complete And Accurate Estate Tax Returns Matter

    The Internal Revenue Code permits a surviving spouse to utilize or "port" the deceased spousal unused exclusion ("DSUE") if: (1) the executor of the estate of the deceased spouse files...
    United StatesTax
    Farrell Fritz
    Farrell Fritz
  • Article

    Qualified Small Business Stock – Overview And Useful Strategies

    Founders, entrepreneurs, venture capitalists and other investors (all of which are collectively referred to herein as "investors") should be familiar with Internal Revenue Code Section 1202.
    United StatesTax
    Farrell Fritz
    Farrell Fritz
  • Article

    Non-Compete Fight Yields Mixed Results In Cabrita v. Vitabyte, Inc.

    The enforceability of non-compete agreements remains an active issue in New York courts, and a recent Queens County Commercial Division case...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    Off-the-Table: Pre-Exit Founder Liquidity In Venture-Backed Startups

    For founders and executives at venture-backed startups, equity is often the centerpiece of compensation – and the primary driver of long-term wealth.
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    Playing Nice In The Litigation Sandbox

    I think it's fair to say that Commercial Division judges have little time for discovery disputes. If one peruses the individual practice rules of many of the ComDiv judges...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    Who's Covered? Commercial Division To Clarify Its Role In Insurance-Coverage Cases

    Consistent with the Commercial Division Advisory Council's ("Advisory Council") mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    “You Waived What?”: Delaware’s LLC/Corporate Inspection Rights Divide

    There’s a simple truth in Delaware entity law: LLCs and corporations operate on fundamentally different philosophies. Nowhere is that contrast sharper than when it comes...
    United StatesCorporate/Commercial Law
    Farrell Fritz
    Farrell Fritz
  • Article

    A Shortcut Is Not Always A Shortcut: Commercial Division Reaffirms The Importance Of Notice For Summary Judgment In Lieu Of Complaint

    CPLR 3213 offers a faster path to judgment for claims based on instruments for payment of money, but strict adherence to procedural requirements—especially proper service—is essential. Two recent Commercial Division decisions illustrate how service defects can end a case before reaching the merits, while proper service allows courts to grant expedited relief.
    United StatesLitigation, Mediation & Arbitration
    Farrell Fritz
    Farrell Fritz
  • Article

    Technical Difficulties Aren’t Enough: A Lesson From The Commercial Division

    Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once a default...
    United StatesLitigation, Mediation & Arbitration
    Farrell Fritz
    Farrell Fritz
  • Showing 161–180 of 428 results

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