Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies / Real Property

Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property

On January 27, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zwebner v. Strulovitch, 2022 NY Slip Op. 30478(U), dismissing a claim for an equitable lien because it was not based on a promise relating to the purchase of a specific property . . . Continue reading Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property

Individuals May Not Define Their Rights vis-a-vis Each Other as a Partnership While Holding Their Business Out to the Public as a Corporation
Commercial Case Notes / Corporations / Partnerships

Individuals May Not Define Their Rights vis-a-vis Each Other as a Partnership While Holding Their Business Out to the Public as a Corporation

On March 1, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in Fritch v. Bron, 2022 NY Slip Op. 50165(U), explaining that individuals may not operate their business and define their rights vis-a-vis each other as partners while concurrently holding the business out to the general public as a corporation . . . Continue reading Individuals May Not Define Their Rights vis-a-vis Each Other as a Partnership While Holding Their Business Out to the Public as a Corporation

Whistleblowing and the U.S. Sanctions Against Russia  
Russian Sanctions / Whistleblower Write-Up

Whistleblowing and the U.S. Sanctions Against Russia  

In response to the Russian invasion of Ukraine, the last two weeks have seen the imposition of several rounds of sanctions against Russian and Belarussian individuals, banks, and other business.  How effective these sanctions are will depend entirely on their enforcement, and this is an area where whistleblowers have the potential to play an outsized role.  In this article, we will discuss who and what is covered by the sanctions, their potential impact, and possible pathways for whistleblower reporting. Continue reading Whistleblowing and the U.S. Sanctions Against Russia  

SECOND CIRCUIT DELIVERS BLOW TO ANTITRUST “UMBRELLA STANDING”
Benchmark Rate Manipulation / Manipulation Monitor

SECOND CIRCUIT DELIVERS BLOW TO ANTITRUST “UMBRELLA STANDING”

Umbrella standing had been an open question in the Second Circuit, with district courts coming to different conclusion, but the Court of Appeals addressed the issue in December 2021, and its decision in Schwab Short-Term Bond Mkt. Fund v. Lloyds Banking Grp. PLC, 22 F.4th 103 (2d Cir. 2021) (“Schwab II”), dealt a major blow to umbrella standing proponents. Continue reading SECOND CIRCUIT DELIVERS BLOW TO ANTITRUST “UMBRELLA STANDING”

Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information
Commercial Case Notes / Discovery/Disclosure

Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information

On February 4, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Berman v. Holland & Knight LLP, 2022 NY Slip Op. 30402(U), holding that an interrogatory seeking the identity of clients to whom a law firm gave certain advice improperly sought privileged information . . . Continue reading Interrogatory Seeking Identity of Clients to Whom Law Firm Gave Certain Advice Improperly Sought Privileged Information