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Special Report Commercial Litigation

From: The New York Law Journal Special Report <newyorklawjournal@alm.com>, sent: 13:43:15 - 30.12.2016

NYLJ | Special Report

Commercial Litigation August 8, 2016

Brought to you by Berdon LLP.

View the Digital Edition of this Special Report.

Business Divorces in LLCs Happen, Business Prenups Should Too

Dominic Picca and Elizabeth Wilkinson of Mintz Levin write: LLC agreements should anticipate the issue of "deadlock" and should include provisions in the operating agreement related to the termination of the business relationship between the members such as a buyout option or a forced sale to a third party. Read More »

After Scalia, Court Shows Diminished Appetite for Class Action Appeals

Lawrence T. Gresser, Patrick M. Connorton and Nicole Paschal of Cohen & Gresser write: Since Justice Scalia's passing on Feb. 13, 2016, the court has shown a diminished appetite for class action appeals and has arguably retreated from some of his positions. Read More »

NY's Statute of Limitations and Mortgage Foreclosures: How to Revoke Acceleration

Laura M. Greco and Mitra P. Singh of McGlinchey Stafford discuss a method of effectively extending the ability of a lender to foreclose on a mortgage whose statute of limitations for enforcement looms near—revocation of acceleration—and the legal uncertainty of such revocation of acceleration. Read More »

Preserving Attorney-Client Privilege in M&A Transactions

Stewart D. Aaron, Joshua Berick and Christian D. Cheslak of Arnold & Porter discuss 'Ambac Assurance Corporation v. Countrywide Home Loans' and write: This decision does not reflect the commercial reality of transactional practices in a highly regulated environment, and accordingly the New York state legislature should adopt a statutorily crafted common interest exception that would remove the litigation requirement articulated in 'Ambac'. Read More »



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