Divided Panel Orders Risk Modeling Firm Produce Source Code

null A divided panel of the Appellate Division, First Department Thursday reversed a lower court's denial of a motion to compel disclosure of additional source code in a computer software trade secrets dispute that tests the limits of discovery.

 

How Litigants Should Approach Categorical Privilege Logs

null Jennifer Rearden and Seema Gupta of Gibson, Dunn & Crutcher write: Although a new Commercial Division rule expresses a preference for categorical privilege logs, it provides little insight into the form those logs should take. This issue likely will be addressed by courts in the coming months and years.

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Presented by Big Voodoo
Decisions
  • Lambco Erecting Company v. DCM Erectors – Sherwood dismisses subcontractor's breach of contract action against Port Authority for defective notice and falling outside statute of limitations in action seeking payment of invoices for welding services within World Trade Center Transportation Hub (Justice O. Peter Sherwood)
    September 19, 04:56 PM EDT
  • Jeffrey Wald v. Lawrence G. Graev – Scarpulla dismisses breach of contract action brought by former consultant for private equity firm over allegedly unpaid profit compensation as the compensation was never memorialized into a settlement agreement and alleged breaches were time barred (Justice Saliann Scarpulla)
    September 19, 04:53 PM EDT
  • AIG Financial Products v. ICP Asset Management – Oing grants AIG Financial Products leave to amend complaint to add causes of action in CDO breach of contract action but orders references related to settlement negotiations redacted (Justice Jeffrey K. Oing)
    September 19, 04:51 PM EDT
  • Brian Egan v. Telomerase Activation Sciences – Bransten denies class certification for failure to show numerosity, commonality and superiority in this action involving deceptive representations of an anti-aging treatment. (Justice Eileen Bransten)
    September 19, 04:48 PM EDT
Case Motions
  • Town Residential v. Nicole Oge – Real estate firm marketing executive moves to deny Town's motion to vacate undertaking requirement and cross-moves to increase amount in preliminary injunction action over non-compete (Kasowitz, Benson, Torres & Friedman) (Justice Eileen Bransten)
    September 19, 05:08 PM EDT
  • Jessica Stark v. Rebecca Winn Matchett – Individual defendants move to dismiss, arguing complaint does not specifically allege material elements of any cause of action against each defendant in $10M breach of contract action for nonpayment for services (Wilk Auslander) (Justice Melvin L. Schweitzer)
    September 19, 05:06 PM EDT
  • Jon S. Lieberman v. Timothy A. Pappas – Defendants move for summary judgment to dismiss with prejudice, asserting oral agreement was not capable of being performed within one year and is void under statute of frauds, in action for repayment of $375K to operate race car (Lyons & Flood) (Justice Saliann Scarpulla)
    September 19, 05:04 PM EDT
  • Plaza Retail AG v. Sahara Plaza – In Yellowstone action, men's luxury clothing retailer plaintiff based at Plaza Hotel moves for injunction against landlord to maintain status quo while issues are litigated to allow for cure of any default (Wachtel Missry) (Justice Melvin L. Schweitzer)
    September 19, 05:02 PM EDT