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Two years ago, the New York Court of Appeals issued its seminal decision in <I<Voss v. The Netherlands Insurance Company</I>, holding that a broker could be subject to liability for negligence or other tort claims where such liability would be unattainable in the typical broker-insured relationship.
Features
The incorporation by estoppel doctrine is today well established in the Commercial Division. Accordingly, defendants who contract or otherwise deal with an entity as a corporation run the risk of being estopped from denying the entity's corporate existence in any action arising out of such contract or dealing.
Features
In last month's newsletter, we discussed the boom in the sale and use of the new wearable fitness tracking devices and the fact that litigation over their perceived failings was likely to follow. Now, we turn to a third such lawsuit, this one against Fitbit.
Columns & Departments
A look at a case in which a husband forfeited his spousal share of the marital estate.
Features
The New York Court of Appeals has been sent an important and unresolved issue on copyright infringement for music recorded prior to 1972. The U.S. Court of Appeals for the Second Circuit has asked New York's highest court to determine whether there is a right of public performance for creators of sound recordings under that state's law and "if so, what is the nature and scope of that right?"
Lanham Act Injunction Against Former Commodores Member Enforceable Outside the United States<br<Universal Pictures London-Based Affiliates Not Subject to Personal Jurisdiction in Missouri in Litigation over Distribution Deal
Columns & Departments
Review of a case in which another health care worker was indicted for stealing opioids at work.
Columns & Departments
Examination of a case in which a landlord was not obligated to repair a roof.
Features
This article addresses the four major evidentiary hurdles ' relevance, authentication, hearsay, and best evidence ' that must be overcome to admit Facebook posts claimed to be posted by the owner, whether it be the profile page, or a posted message, photograph or video, when offered against the claimed owner.
Features
This three-part series has analyzed the complex issues that arise throughout the dispute resolution process of cross-border transactions. In this final installment, we look to the beginning and discuss how proper planning and effective drafting of the dispute resolution provisions can infuse predictability and reliability into cross-border business deals.