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Category: New York

Certain New York Commercial Division Rules Adopted Courtwide

New York
Posted on September 23, 2021June 28, 2023

Business courts pioneer Robert L. Haig has long described New York’s Commercial Division as a laboratory for innovation. This truth is evidenced by the adoption…

Proposed changes to NY Commercial Division Rules Addressing Proportionality and Reasonableness

Discovery and Discovery Protections
Posted on September 21, 2021June 19, 2023

On September 14, 2021, New York’s Administrative Board of the Courts issued a memorandum notice “seeking public comment on a proposal, proffered by the Commercial…

New York Commercial Division Finds No Insurance Coverage for Damages Bases on Business Closure Order Issued by State Government

Covid-19
Posted on February 22, 2021June 19, 2023

Nassau County Commercial Division Judge Timothy Driscoll recently found that a movie theater did not have insurance coverage for business losses, based on a COVID-19…

American College of Business Court Judges Elects New Officers

American College of Business Court Judges
Posted on November 30, 2020January 24, 2023

The American College of Business Court Judges has elected new officers for the coming year. The ACBCJ President will be Jackson, Mississippi Chancery Court Judge…

New York Commercial Division Adopts New Rule on Hyperlinking in Electronically Filed Documents

New York
Posted on October 28, 2020January 24, 2023

The Chief Administrative Judge of the New York Courts issued an Administrative Order on September 29, 2020, amending Rule 6 of the Rules of Practice…

ABA Section of Business Law 2020 Diversity Clerks and Business Court Representatives

American Bar Association
Posted on September 24, 2020January 24, 2023

The American Bar Association’s Section of Business Law has been involved with business court growth and development over the last 25 years. This includes, among…

New York Commercial Division Adopts New Rule for Remote Videoconferencing

Covid-19
Posted on September 17, 2020January 24, 2023

Effective July 15, 2020, Rule 1 of the Rules of Practice for the Commercial Division of the New York State Supreme Court was amended to…

Three Opinions from New York’s Commercial Division Addressing Covid-19 Issues

Banking and Lending
Posted on August 31, 2020February 6, 2023

New York Commercial Division judges have issued a number of Covid-19 related opinions during the pandemic. Commercial Reasonableness During Covid-19 In D2 Mark LLC v.…

ABA Business and Corporate Litigation Committee Publishes 2020 Edition of Recent Developments in Business and Corporate Litigation

American Bar Association
Posted on June 10, 2020February 6, 2023

The ABA Section of Business Law’s Business and Corporate Litigation Committee has just published the 2020 edition of Recent Developments in Business and Corporate Litigation. …

Business Court Force Majeure Opinions – New York Commercial Division (Informal Pressure from Legislators can Constitute Force Majeure)

Contract Claims
Posted on May 26, 2020February 6, 2023

The force majeure defense, and related defenses like impossibility, impracticability and frustration of purpose, are becoming commonplace in the Covid-19 era. While prior case law…

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