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.

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...

Business Corporation Law § 619 ("BCL") gives shareholders an "exclusive method . . . to test the validity of an election of a director." Specifically, BCL § 619 states...

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...

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

In June 2025, New York Venture Hub published "The Forfeited Equity Trap: Why Your Non-Compete Might Be Worthless".

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

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.

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...

Uses and structures that do not conform to a zoning ordinance are deemed "nonconforming uses" and "nonconforming structures," respectively.

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

One hallmark of New York land use litigation is the relatively short statutes of limitations plaintiffs and their counsel must often comply with.

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.

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.

A New York Commercial Division judge awarded over $30 million in compensatory and punitive damages against a car dealership owner who misappropriated $4.7 million in dealer advances and engaged in a persistent pattern of fiduciary breaches. The court rejected the defendant's testimony entirely under the falsus in uno doctrine and imposed punitive damages double the amount of misappropriated funds, citing willful deception and conscious disregard for corporate interests.

The Commercial Division Advisory Council has proposed two rule amendments for public comment: one requiring transparency in discovery cost-shifting requests with good-faith cost estimates...

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.

I have a soft spot for civil RICO: treble damages, enterprise allegations, the chance to elevate ordinary fraud into something operatic. But, as many of us have learned...