A recent Second Department decision reminds business divorce litigants that while K-1s may be powerful evidence of an economic interest, they cannot substitute for compliance with a partnership agreement’s formal admission requirements.
As noted in the title, civil RICO claims are on such a bad losing streak at the pleading stage in the Commercial Division that they’re beginning to rival the New York Mets. And that’s coming from a die-hard Mets fan.
As my colleague, Viktoriya Liberchuk, recently blogged, judges in the Commercial Division are quick
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. In Slice Wireless Services, LLC v. Yakubov, et al. (Index No. 656506/2017, Apr. 22, 2026), Justice Robert R. Reed addressed the outer limits of discovery
Don’t snicker at that promissory estoppel claim buried in your opponent’s complaint. Every once in a while, a cause of action for promissory estoppel can salvage an otherwise nonviable claim for equity ownership in the form of a fallback damages remedy. Have a read in this week’s New York Business Divorce.
If you’re on the management team of a Delaware corporation or serve as general counsel to one, it’s only a matter of time before a stockholder shows up with a books and records demand under Section 220 of the Delaware General Corporation Law (“DGCL”). What used to be a relatively obscure procedural tool has become
After a person passes away, a decedent’s survivors oftentimes attempt to access the decedent’s electronic communications. Whether motivated by mere curiosity or a desire to better understand the circumstances that led to a decedent’s death, decedents’ survivors have not had much success in accessing the content of decedents’ electronic communications since New York enacted digital
Some of the most interesting cases we post about on this blog are, of course, the ones where there is more than meets the eye.
On the surface, today’s case—Bapaz NYC West St Group LLC v. Assa Properties Inc., 2026 NY Slip Op 03061 (1st Dept May 14, 2026)—appears to address a simple
Earlier this month, commercial litigators and judges from across New York headed to the Sagamore Resort on Lake George for the NYSBA Commercial and Federal Litigation Section’s 2026 Spring Meeting. The Spring Meeting featured a strong lineup of timely presentations focused on issues litigators commonly face – from appellate practice and bankruptcy litigation to ethics
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 judgment is entered, vacating it is an uphill battle. The recent case of Chen Dongwu v New York City Regional Ctr. LLC offers
