Issue: 2024 Vol. 29, No. 1

Report on Virtual Procedure Questionnaire

Stephen T. Roberts, Co-Chair* Stephen J. Ginsberg, Co-Chair* Amy Agnew Gregory K. Arenson* Scott Barbour Robert Bartkus Loenard Benoich Mark Berman Lauren Bernstein* Bradley R. Bobroff* William Brennan Seth Buchman* Andre Castybert Matthew Coogan* Ashley Czechowski Megan Dorritie Samantha Ettari Michael Fox Danielle B. Gatto* Robert Glanville Jeffrey Harradine Alan Harvey Peter Hein Michael Hensley … Continued

The Business Judgment Rule: Protecting Corporate, Cooperative and Condominium Boards From Liability

As we all remember from law school, the business judgment rule is a legal doctrine that shields corporate directors and officers from personal liability for decisions made in good faith and with reasonable care. This rule, rooted in the recognition that business decisions often involve risk and uncertainty, encourages directors to exercise their best judgment … Continued

Message From the Section Chair

As my time as chair of this vibrant section draws to a close, a well-known quote about the recipe for success keeps running through my mind. The saying goes something like this: To achieve great things, you need a plan and not quite enough time. As I have learned over the past 12 months, any … Continued

How To Comply With the New Corporate and LLC Transparency Acts

Corporations and limited liability companies have historically been used as “shell entities” for both legitimate and illegitimate purposes.1 In response to the illicit use of shell entities, legislation has been passed on both the federal and state level requiring business entities to disclose beneficial owner information (BOI) to the government.2 The federal Corporate Transparency Act (CTA), … Continued

FOIL: A Game-Changer in Commercial Litigation Discovery Strategies

To succeed in commercial litigation, access to information is paramount. Parties often engage in an exhaustive and contentious discovery processes to obtain relevant records, documents, and evidence to bolster their cases. However, traditional discovery methods can be time-consuming, expensive, and sometimes ineffective, particularly when dealing with parties that are reluctant to disclose information. Parties may … Continued