Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction
Commercial Case Notes / Personal Jurisdiction

Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction

On December 29, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Reveam, Inc. v. Taylor Frères Capital Mkts., LLC, 2023 NY Slip Op. 34555(U), holding that sending correspondence to New York was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Sending Correspondence to New York Found Insufficient Basis to Assert Personal Jurisdiction

Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing
Commercial Case Notes / Contracts

Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing

On December 22, 2023, Justice Borrok of the New York County Commercial Division issued a decision in Antara Capital Master Fund LP v. Bombardier Inc., 2023 NY Slip Op. 34524(U), holding that a party’s exercise of discretion explicitly granted to it can still breach the covenant of good faith and fair dealing . . . Continue reading Party’s Exercise of Discretion Explicitly Granted to it Can Still Breach the Covenant of Good Faith and Fair Dealing

Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct
Commercial Case Notes / Discovery/Disclosure / Sanctions

Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct

On December 22, 2023, Justice Chan of the New York County Commercial Division issued a decision in SH575 Holdings LLC v. Richmond Stuyvesant Holdings, LLC, 2023 NY Slip Op. 34525(U), holding that despite the dismissal of claims against then, defendants should nonetheless be sanctioned for discovery misconduct . . . Continue reading Despite Winning Dismissal of the Claims Against Them, Parties Still Are Sanctioned for Discovery Misconduct