January 24, 2020

In his Settlement and Compromise column, Thomas E.L. Dewey discusses 'Attestor Value Master Fund v. Republic of Argentina'—a case that “reconfirms the significance of language in settlement documents that suggests a settlement is not binding until signed by both partie...

January 17, 2020

If millions of people are using a company’s software, the company is happy—as long as it’s getting paid. But if the company loses control of the product, it must take steps to defend its rights. And the first step in that playbook is often to go to court and seek to re...

November 25, 2019

Lawyers give advice. It’s a big part of the job. Sometimes it’s legal advice and sometimes it’s business advice and sometimes (particularly for lawyers who focus on technology and intellectual property) it’s hard to tell. And that can be a problem. Because the conversa...

October 29, 2019

The Appellate Division’s statewide Practice Rules contain an important requirement that generally applies to parties and counsel appearing before all Departments of the Appellate Division: “[t]he parties or their attorneys shall immediately notify the court when there...

September 16, 2019

“Three things matter in real estate,” the old saying goes, “location, location, location.” That can be true in litigation as well. The venue in which a trial is held can often be dispositive of a case, for a host of reasons ranging from the applicable law, to the chara...

July 26, 2019

There are circumstances in which the parties must obtain court approval to dismiss an action, and by extension, the parties’ settlement agreement. Courts consider a variety of factors when the parties request approval of a settlement agreement, attorney fees provided i...

May 20, 2019

Information security has become an increasingly important concern for modern businesses. As businesses move their information storage to the “cloud,” rather than keeping it in computers on site, the need for appropriate security controls becomes more pronounced. Compan...

April 24, 2019

When parties to a class action reach a settlement agreement and include a clause that defendant will not oppose class counsel’s attorney fee award, they may expect that the unopposed fee will be approved by the court. But a recent decision from the Southern District of...

March 25, 2019

Readers of this column will be aware that courts in the Second Circuit have had a complicated relationship with web-based contracts, and in particular with the idea of electronic consent to arbitration. Today, the vast majority of day-to-day commercial activity takes p...

January 25, 2019

When parties agree to settle an action, they usually try to wrap up all aspects of the litigation. Pending motions are withdrawn, ancillary actions in other fora are voluntarily dismissed, and binding promises are made not to relitigate the dispute. But a recent decisi...

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