A primary mission of the Business Law Section has always been to promote business-friendly legislation for New York State. It is no secret that New York has been losing jobs, people and industry to other states, and at least in part this is due to the state’s sometimes unwelcoming posture to new businesses as well … Continued

In June 2023, Florida and Connecticut became the sixth and seventh states, joining California, Georgia, New York, Utah, and Virginia, to enact a law requiring finance providers to disclose specified information in connection with commercial financing transactions.1 Other states are considering similar legislation. These disclosure requirements are complex, in part because they can apply to a … Continued

The Business Law Section conducts most of its activities through individual committees that focus on various areas of business law. Membership in any committee is open to any section member. While active participating is encouraged, there is no required time commitment. To join a committee, email [email protected]. For more information, visit https://NYSBA.ORG/BUSINESS. Banking Law Committee … Continued

Introduction Modern corporations are extraordinary in their ability to exert a level of power comparable to nations.1 Shareholder litigation serves as one tool to ensure accountability from these business entities. In recent years, shareholder litigation has evolved and expanded in scope. Shareholders now demand corporations make changes to address contemporary social concerns, such as diversifying board … Continued

If you are reading this article, chances are that you are a member of the Business Law Section of the New York State Bar Association, and that your practice area is covered by one of the several committees of the section, ranging, alphabetically, from Banking to Wine and Spirits. Also likely, your primary professional focus … Continued

New York needs a more efficient franchise registration and renewal process. Before a franchisor can sell franchises in New York State, the franchise offering must be registered with the New York State Attorney General’s Office (the AG’s Office). Registration entails the review and approval of the franchise disclosure document (the FDD) by a franchise examiner … Continued

William Shakespeare’s Much Ado About Nothing interweaves themes of infidelity, deception, mistaken identities, and (most importantly for this article) various plays on the words “noting” and “nothing.”1 Many of these same themes (especially the last one) swirled around a recent case that went up to the U.S. Supreme Court with great public hullabaloo. The case involved the appropriate … Continued

Congratulations, you just closed a lucrative cross-border transaction! Are you ready to litigate? While the last thing your client wants to think about at a closing dinner is having to run to court to enforce its rights, as attorneys we know this is an unfortunate possibility. This is why every written agreement should contain not … Continued

Becoming embroiled in civil litigation in the U.S. is a common concern of companies listed on U.S. markets but headquartered elsewhere. This concern is understandable. After all, statistics consistently show the U.S. has some of the highest volumes of litigation in the world, whether measured on an absolute or per capita basis. Many factors contribute … Continued

Spotlight Circuits Split Over Whether Targeting Is Necessary for Seller Liability Key Points While courts have long held that solicitations must be tailored to a particular audience to precipitate statutory seller liability, recent decisions have declined to apply that requirement. In Wildes, the Eleventh Circuit reversed the dismissal of claims arising from the solicitation of unregistered … Continued