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...

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...

Approximately a year and a half after issuing Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173 (2011), the New York Court of Appeals has revisited the pleading requirements for unjust enrichment claims.  In Georgia Malone & Co. v. Rieder, 19 N.Y.3d 511 (2012), the Court of Appeals...

For individuals, the attorney-client privilege protects communications even after an death (see Swidler & Berlin v. United States, 524 U.S. 399 (1998)), thereby encouraging individuals to speak candidly with counsel without the fear of the information becoming public after death, and thus...

Whoever coined the phrase “partners are only good for square dancing” must have been a defendant in a breach of fiduciary duty claim.  One can understand some of the cynicism, as the fiduciary duty imposed upon directors and officers has been described as a “stringent,” “undivided and...