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New York creates rocket-docket for commercial disputesbut accelerated adjudication comes with trade-offs

USA - June 2 2014 As of June 2, the Commercial Division of the New York Supreme Court will allow for the accelerated adjudication of commercial disputes. Rule 9 of...

Andrew C. Smith, Shriram Harid.

U.S. government shutdown: will performance of private contracts be excused?

USA - October 15 2013 With Congress unable to reach an agreement on a continuing resolution, the federal government shut down all "non-essential" services on October 1...

Edward Flanders, David M. Lindley, Danielle Vrabie.

The sanity clause: drafting a better "best efforts" clause

USA - July 23 2013 Parties often focus on the wrong issue when drafting an “efforts” clause. Typically, the negotiation concerns whether “best efforts”as opposed to...

Drafting a better choice-of-law clause

USA - April 19 2013 Parties to contracts routinely agree that the laws of a particular jurisdiction will govern their relationship. The objective, of course, is simple:...

Amanda H. Freyre.

NY state appellate court sides with airlines, dismisses tarmac delay-related claims

USA - February 4 2013 The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers' tort claims against an airline based on the...

Bradley A. Noojin, Anne C. Lefever.