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Representations & Warranties: Breach Mandates Indemnification

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...

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TASK FORCE REPORT & RECOMMENDATIONS FOR THE COMMERCIAL DIVISION

In late June 2012, Chief Judge Jonathan Lippman's Task Force on Commercial Litigation released its Report and Recommendations for the Commercial Division, the culmination of the Task Force’s six-month exploration of how to better manage judicial resources of the Commercial Division by improving...

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Replevin via the CPLR & UCC

This month we review an interesting decision regarding the provisional remedy of replevin.  Although the Plaintiff’s moving affidavit was inadequate to comply with the CPLR, luckily for the Plaintiff the Court nonetheless awarded Plaintiff possession of the subject chattel premised upon the...

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