Corporate
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What Does a Business Expert Witness Do in New York Litigation?
Which courthouse you are in changes how your expert is tested. New York state courts apply Frye, not Daubert. The question is whether the methodology is generally accepted in the relevant field — not whether a judge finds it reliable. Since Parker, courts also examine whether the foundation for the opinion is adequate. In federal court the same expert faces Rule 702 and a different inquiry entirely. CPLR 3101(d) requires no written report. Disclosure is limited to the expert's identity, subject matter, the substance of the opinions, qualifications, and a summary of the grounds. Compared with federal practice this is thin — which means you often learn how the other side's expert reached a number at the deposition, or later. Timing is set by the court, not the statute. Preliminary conference orders and individual rules control, and the Commercial Division has its own schedule. There is no default deadline to rely on. Before methodology, there is Kenford. Lost profits must be proven with reasonable certainty, caused by the breach, and within the contemplation of the parties at contracting. New business claims face particular difficulty. A well-constructed damages model does not cure a claim that fails this test — it is a question about the claim, not the expert.
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Why Is Defining Territorial Scope Critical in an Exclusive Sales Contract?
3 Questions Decision-Makers Raise About Exclusive Sales Contracts: Territorial scope and duration limits, non-compete enforceability, termination and damages exposure.An exclusive sales contract grants one party the sole right to sell or distribute a product or service within a defined territory or customer base for a specified period. From a practitioner's perspective, these agreements create significant legal exposure because the parties often hold conflicting expectations about what exclusive actually means in practice, and disputes over performance, territory definition, and early termination can escalate quickly into costly litigation. Decision-makers should understand that exclusive sales contracts are heavily regulated under antitrust law, state contract law, and the Uniform Commercial Code, and that courts interpret these agreements with particular scrutiny when they restrict competition or market access.
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ESG Strategy Consulting: Why Is Legal Enforceability a Priority?
3 Questions Decision-Makers Raise About ESG Strategy Consulting: Regulatory exposure and compliance gaps, stakeholder disclosure obligations, and litigation risk from greenwashing claims.ESG strategy consulting has become central to corporate governance, yet the legal landscape remains unsettled. Decision-makers and in-house counsel increasingly face pressure to integrate environmental, social, and governance considerations into business operations, but the regulatory framework is fragmented across federal agencies, state laws, and evolving common law standards. The tension between ambitious ESG commitments and the legal enforceability of those commitments creates real exposure. This article addresses the legal risks that require immediate attention when designing or implementing an ESG consulting engagement.
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Corporate Spin-Off Compliance: What Is Section 368 Tax-Free Status?
Section 368 compliance for a corporate spin-off establishes tax-free status under federal and New York laws. Our corporate legal team guides businesses through active trade rules and IRS filings.
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Nonprofit Lawyer in NYC Explains Corporate Social Responsibility Partnerships
Corporate social responsibility consulting helps nonprofits structure charitable partnerships, protect tax-exempt status, and strengthen governance in New York. Corporate social responsibility consulting helps nonprofits evaluate whether charitable partnerships support their legal obligations and organizational mission. Corporate social responsibility consulting includes reviewing governance practices, donor restrictions, and partnership structures before programs begin. From my experience, corporate social responsibility consulting is more sustainable when nonprofit oversight and corporate collaboration are planned together.
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Detailed Procedures and Due Diligence Strategies for M&A
3 Bottom-Line Points on M&A Process from Counsel: Due diligence scope, timeline, representationMergers and acquisitions demand strategic navigation from the moment a transaction is contemplated. The M&A process involves multiple overlapping phases, each carrying distinct legal and financial risks. Whether you are an in-house counsel, a business owner, or a transaction decision-maker, understanding the practical pressures and exposure points that arise during each stage will help you allocate resources effectively and avoid costly missteps.
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