If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding
Commercial Case Notes / Contracts

If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Telco Insights, LLC v. Telco Experts, LLC, 2026 NY Slip Op. 31190(U), holding that if the parties to an agreement select an effective date that predates when the contract is signed, the earlier date is binding . . . Continue reading If Parties to An Agreement Select an Effective Date that Predates When the Contract Was Signed, The Earlier Date is Binding

Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action
Commercial Case Notes / Court Rules and Procedures

Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 31201(U), declining to dismiss an action in favor of a later-filed New Jersey action even though the New Jersey courts refused to dismiss the later-filed action . . . Continue reading Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action

That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records
Commercial Case Notes / Court Rules and Procedures

That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Goanna Capital Private Tech. II LP v. Blair, 2026 NY Slip Op. 31203(U), holding that an agreement by the parties to keep documents confidential was an insufficient ground to seal court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records

Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means
Commercial Case Notes / Tortious Interference

Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means

On March 23, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Clear Haven Inv. Fund, LP v. Zags SPV 1 LLC, 2026 NY Slip Op. 31133(U), dismissing a tortious interference counterclaim for failure adequately to allege an improper motive or means . . . Continue reading Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means

When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel
Commercial Case Notes / Law Firms and Professional Ethics

When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel

On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in McLaughlin & Stern, LLP v. Rocketstar, Inc., 2026 NY Slip Op. 30988(U), holding that when a defendant directed opposing counsel to communicate with defendant’s counsel, opposing counsel did not err in sending notice of client’s rights to its counsel . . . Continue reading When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel