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When does gross negligence in evidence preservation cross the line into willful misconduct warranting the striking of a pleading? A Manhattan Commercial Division decision examines the boundaries of spoliation sanctions after a cybersecurity firm's pervasive preservation failures led to the loss of critical Slack messages, monitoring tickets, and alarm data spanning the period of a ransomware attack.

As my colleague, Serene Carino, recently blogged, the Commercial Division Advisory Council has proposed a rule requiring accurate pinpoint citations in all Commercial Division filings, a reform designed to ensure that “[t]he reader should never be left guessing where the referenced authority resides.

According to crypto platform Kraken, the aggregate market cap for all meme coins is over $70 billion. Five meme coins would be considered unicorns (market cap over $1 billion) if they were startups.

When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it's jurisdictional.

As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings...

Here at New York Commercial Division Practice, we make a point of highlighting the advantages of practicing in the Commercial Division.

Courts greatly appreciate when parties settle their disputes by agreement. Settlements alleviate...

Buying or selling a business is an exciting experience, and potentially lucrative opportunity for all parties.

Pursuant to the Nassau County Administrative Code, Section 6-30, the Nassau County Department of Assessment ("the Assessor") is requiring the submission of 2023...

On March 27, 2025, Empire State Development, New York State's chief economic development agency, announced the launch of the Long Island Forward Housing Program (LIFHP), a $10 million initiative designed...

The COVID-19 pandemic has unsurprisingly resulted in many people in the business community, including lawyers, transacting business remotely.

New York lacks a formal slayer statute but applies a common-law "slayer rule" established in the landmark 1889 case Riggs v Palmer, which prevents individuals from profiting through their own wrongdoing.

In settlement agreements, a valid release serves as a critical mechanism for resolving disputes between parties.

Your company is invited by a local meetup group to present at demo day with other startups, and you accept.

Special purpose vehicles were always the sort of tool investors used only occasionally, in special circumstances. A hot deal. A founder who didn't want 100 angels on the cap table.

As many practitioners are aware, the litigation process in New York often feels like a tortoise race, with many cases taking years to resolve.

A recent decision from the New York County Commercial Division reminds litigants that even under New York’s liberal discovery standards, sensitive business information like client lists is not automatically discoverable.