News & Events

New York Commercial Litigation Report: Volume Two Now Available

Where Advocacy Meets Business

July 2016 – The second volume of Chaffetz Lindsey’s New York Commercial Litigation Report is now available.  The report contains recent case summaries to keep you informed on new developments, and reminded of old ones.  The cases in this issue include:

Illus_Step Aside

Illustrations by Hank Blaustein

More cartoons

Common interest doctrine cannot protect
business communications …
New York Court of Appeals: Doctrine shields from disclosure only communications concerning pending or anticipated litigation.  Majority disagrees with dissenters, who would have extended common interest protection to communications concerning a “transformative business enterprise.”

Timing is everything …
Second Circuit: Willful contract breach is not fraud absent fraudulent intent at time of contracting.

Enforcing arbitral awards against non-parties …
Southern District of New York:  In confirmation proceeding under the FAA and New York Convention, court lacked authority to enforce arbitral award against non-parties to the award on an alter ego theory where (i) the New York Convention was the sole basis for jurisdiction and (ii) the alter ego question presented complex fact issues.  However, court issued sweeping asset preservation injunction to prevent further dissipation of assets while award creditor pursued alter ego theory in separate action.

To view the report in its entirety, please click here.

Editors: Charles Scibetta and Andreas Frischknecht

 

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