Recent Surrogate's Court decisions in New York have begun granting access to deceased individuals' electronic communications, marking a potential shift from the restrictive approach courts have taken since 2016.

On June 18, 2025, Justice Andrew Borrok of the Manhattan Commercial Division issued a post-trial decision in IGC 444 Park LLC et al. v. 444 PAS Restaurant Associates LLC et al., finding individual defendant...

As my colleague, Matt Donovan, recently blogged, it is essential for litigants to "play[] nice in the litigation sandbox" or risk facing the ire of the Justices in the Commercial Division. Many litigants might think.

One of the ongoing goals of the New York State Office of Court Administration ("OCA") is to periodically update and refine the jurisdictional criteria for the Commercial Division...

Having counseled investors through dozens of venture transactions in New York and beyond, I can say with confidence that due diligence isn’t a checkbox exercise.

Some years ago, the question whether New York courts have subject matter jurisdiction over petitions to dissolve foreign business entities garnered much interest amongst business divorce lawyers and on this blog.

I've noticed over the many years since this blog's launch a disproportionate number of posts concerning disputes among restaurant co-owners.

If you’ve raised a pre-seed or seed round in the past few years, you likely did it through a SAFE (Simple Agreement for Future Equity). And if the early investor pushed back on your valuation cap, or you didn’t want to set one yet, you may also have agreed to a “Most Favored Nation” clause, usually called an MFN.

The demand for mobile devices and our increasing reliance on them in our everyday lives has brought with it the proliferation of "cell phone towers." What were at one time novel structures...

Much has been written about courts invalidating instruments or transactions after a person's death. Courts invalidating instruments or transactions during a person's lifetime is discussed less often.

The Securities and Exchange Commission recently brought its first two enforcement actions against issuers of non-fungible tokens (NFTs), resulting in cease-and-desist orders...

If 2025 saw an increase in New York courts' willingness to favorably consider whether deadlock between members is, standing alone, sufficient grounds for judicial dissolution of LLCs...

They say inertia is the strongest force in the universe. It can be the strongest force in litigation too, where business owners sometimes have to endure endless years...

The first warehouses in the U.S. rose from the ground in the second half of the nineteenth century.

The owners' agreement is the backbone of the closely-held business. In intracompany LLC disputes, few things are more important than what the operating agreement has to say on the subject.

Is a limited liability company a party to and bound by its own operating agreement?

It wasn't long ago that my partner, Peter Sluka, posted about the Andris case where the Appellate Division, Second Department, reinstated an LLC judicial dissolution proceeding brought by the estate of a deceased member.

Recent court decisions from New York State address critical issues in trusts and estates litigation, including when legal fees can be awarded for bad faith objections, procedural requirements for challenging trustee...

When a member of an LLC dies, does the operating agreement's "involuntary withdrawal" provision strip the estate's executors of management rights, or does state law empower them to exercise the deceased member's full membership rights? A recent Nassau County Commercial Division decision explores this critical question in the context of a father-son business dispute over the distribution of substantial sale proceeds.

Early-stage startup financings have long reflected a tension between transactional efficiency and legal precision.