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When Just A Website Can Render You Subject To A New York Court’s Jurisdiction

As we wrote nearly one year ago in “E-mail Mistakes That Can Cost Your Small Business in Court,” there is no such thing as an innocuous e-mail. Not anymore.
In Grimaldi v. Guinn, the plaintiff sued the Pennsylvania-based defendants for breach of contract, business fraud, and under New York’s deceptive advertising statute, General Business Law § [...]

Posted Under: Breach of contract, business fraud, commercial litigation, consumer fraud
This post was written by Jonathan Cooper on February 14, 2010 Comments (0)

No Personal Liability For Corporate Fraud, New York Federal Court Holds

Can the president of a small  company  be held personally liable for the company’s issuance of dishonored checks? Not unless the plaintiff can prove that this individual officer was personally involved in the checks’ issuance, said  a New York Federal Judge.
In Interstate Foods, Inc. v. Lehmann, a decision that was recently published in the New [...]

Westchester Court Refuses To Let Defendant Off The Hook On Fraud Claims

In a case with salacious – and all-too-common facts – that was reported in this week’s New York Law Journal, a Westchester County court declined to dismiss the plaintiff’s claim that the defendants were diverting their assets in a desperate attempt to avoid a judgment that had been rendered against them in a breach of [...]

Posted Under: Breach of contract, business fraud, commercial litigation, piercing corporate veil
This post was written by Jonathan Cooper on December 9, 2009 Comments (0)

Dan Rather’s Breach of Contract and Fiduciary Duty Lawsuit Dismissed By New York Appeals Court

Sometimes you feel quasi-prophetic.
As predicted in my July 23 blog post entitled “Why Many (If Not Most) Business Fraud Claims Are Dismissed,” in a ruling handed down earlier today New York’s Appellate Division, First Department unanimously reversed the trial court’s ruling, and dismissed in its entirety Dan Rather’s lawsuit against his former employer, CBS, and [...]

Posted Under: Breach of contract, breach of fiduciary duty, business fraud
This post was written by Jonathan Cooper on September 29, 2009 Comments (0)

Contrarian New York Federal Court Court Castigates SEC’s Proposed Settlement Of Merrill Bonuses

Just because you buck the trend and challenge the establishment doesn’t mean you’re wrong.
Earlier today, New York Federal Judge Jed Rakoff issued a lengthy decision detailing why, despite the traditional deference granted to parties in determining the terms of their own settlements, he would not sign off on the S.E.C.’s willingness to accept a $33 [...]

Posted Under: breach of fiduciary duty, business fraud
This post was written by Jonathan Cooper on September 14, 2009 Comments (0)

Why Many (If Not Most) Business Fraud Claims Are Dismissed By New York’s Courts

Yesterday, both the Wall Street Journal and Bloomberg reported that former news anchor Dan Rather’s breach of contract, wrongful termination and fraud lawsuit against his former employer, CBS, has been revived – at least for the time being. Predictably, Mr. Rather was upbeat upon learning that the New York county judge had granted his attorneys [...]

In Commercial Breach of Fiduciary Duty/Breach of Contract Lawsuit, NY Appeals Court Elevates Substance Over Form

On June 25, New York’s Appellate Division, First Department (the appellate court for both New York (i.e., Manhattan) and Bronx Counties) handed down an important – and logical – decision, as it confirmed that a fiduciary, who is not a party to a particular litigation, may still be held liable for consequential damages if it [...]

Posted Under: Breach of contract, breach of fiduciary duty, commercial litigation
This post was written by Jonathan Cooper on July 9, 2009 Comments (2)