In late 2018, the First Department’s decision in Daesang Corporation v. The NutraSweet Company, 167 A.D.3d 1, 85 N.Y.S.2d 6 (1st Dep’t 2018) refused to vacate a $100 million arbitration award premised upon a purported manifest disregard of law, confirming that:  “The potential for ......

With the recent adoption of new Commercial Division Rules, and several others proposed and open for public comment, practicing in the Commercial Division is likely to become more akin to Federal Courts, adding greater speed and efficiency to the litigation process. In June 2012, Chief Judge...

In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented.  Although the result is severe, both the trial and appellate...

Partnership breakups are characterized by counsel as business divorces for a good reason – the venom that permeates some of the cases is largely unrivaled (excepting, of course, matrimonial practice).  A hurdle arises when irrelevant anger is included in a pleading and counsel is compelled to...

Recently in WSP USA Corp. v. Marinello, 13-CIV-4591 (PKC), 2013 WL 6704885 (S.D.N.Y. Dec. 19, 2013), the U.S. District Court for the Southern District of New York analyzed whether a broad separation agreement and release executed upon an employee’s voluntary departure from his employment will bar...

With the New Year well underway, one resolution a litigator may have is to increase her active case load.  But as we warn our children to “be careful what you wish for…”, a wise attorney knows that the maxim has a place in private practice, not just grammar school.  What if your wish...