In the modern world, computers have revolutionized the way business is conducted, but such technological innovation inevitably led to novel methods of conducting crime and civil torts.  In 1986, to protect the public from such crime, Congress enacted The Computer Fraud and Abuse Act (“CFAA”)....

Dissolution of a domestic corporation can be achieved by the shareholders on consent, via judicial Order pursuant to Business Corporation Law § 1104-a, or in accordance with Tax Law § 203-a when the New York Secretary of State effectuates a dissolution by proclamation, and annuls the corporation’s...

A recent decision from the Court of Appeals clarifying the standard to obtain non-party discovery, coupled with proposed new guidelines for obtaining electronically stored information (“ESI”) from non-parties in Commercial Division cases, provide the Commercial Division practitioner with an easier...

In February 2011 we reviewed JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In Pinzler, the defendant attorney was found liable to the plaintiff bank for disbursing funds to a client that was drawn on a...

One of the cornerstone pleading tenets of commercial practice is that a plaintiff may not pursue a fraud cause of action simultaneously with a breach of contract cause of action as the fraud cause of action, when it is premised upon the same facts and circumstances as the breach cause of action,...

With subtle hints that the economy is finally turning from its free-fall, merger and acquisition transactions will begin to surface once again.  The preamble of many transaction documents includes various “representations and warranties”, provisions which may provide the parties with a...