
Dan Brecher
Counsel
212-286-0747 dbrecher@sh-law.comFirm Insights
Author: Dan Brecher
Date: July 4, 2014
Counsel
212-286-0747 dbrecher@sh-law.comBusiness lawsuits can take months and sometimes years to litigate. While the legal process unfolds, companies lose both time and money.
To alleviate the economic burden, courts around the country have initiated programs to “fast track” business litigation. In New York, new accelerated adjudication procedures in the Commercial Division of the Supreme Court promise commercial cases involving damages of at least $150,000 will be ready for trial in nine months or less.
While the expedited timeline is certainly appealing, it does come with certain caveats. Parties who consent to participate in an accelerated action are deemed to have irrevocably waived:
The right to discovery is also limited under the new Rule 9 of the Rules of the Commercial Division. Unless the parties agree otherwise, discovery will consist of no more than seven interrogatories, five requests to admit, and, absent a showing of good cause, no more than seven discovery depositions per side to exceed no more than seven hours in length. Documents requested by the parties are limited to those “relevant to a claim or defense in the action and shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain.”
In addition to agreeing to expedited procedures after the business litigation is filed, parties can also express their consent to this accelerated adjudication process ahead of time by using specific contract language. The rule provides the following model language:
“Subject to the requirements for a case to be heard in the Commercial Division, the parties agree to submit to the exclusive jurisdiction of the Commercial Division, New York State Supreme Court, and to the application of the Court’s accelerated procedures in connection with any dispute claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement or validity thereof.”
The new accelerated adjudication procedures are an attractive alternative for many New York businesses, particularly when time is of the essence. However, it is important to carefully review your contracts to make sure you are a willing participant.
If you have any questions about the new program or would like to discuss your company’s business litigation, please contact me, Dan Brecher, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!