While it might be tempting to assert claims of good faith and fair dealing in every case involving breach of contract, that approach is rarely successful. Partner Adrienne B. Koch explores why this is in a recent article for the New York Law Journal, and also offer perspectives on the limited situations where courts will allow claims related to good faith and fair dealing to stand.
NEW YORK (November 11, 2020) — Katsky Korins LLP partner Meryl Lynn Unger served as lead counsel to HST, an innovative healthcare technology company that enables value-based health benefit plan designs, in its $140 million acquisition by MultiPlan Corporation. In addition to Unger, the Katsky Korins team included…
NEW YORK (October 29, 2020) — Half of Katsky Korins LLP attorneys have been recognized in the 2020 edition of Super Lawyers, the prominent legal industry ranking. Fourteen have been named “Super Lawyers” and three were named “Rising Stars” in the recently released 2020 New York Metro listing….
New York Law Journal (August 21, 2020) It’s a situation most appellate counsel have faced: a client lost in the lower court, and there is a powerful argument for reversal that was not raised below. This is a problem, because appellate courts generally will not reverse based on…
New York Law Journal (June 26, 2020) It is a well-known principle of New York law that on a summary judgment motion the moving party must demonstrate with admissible evidence that no material issue of fact exists. If that burden is not met, a court has no option…
New York Law Journal (June 22, 2020) When parties are litigating over money, the question of who gets to hold the contested funds while the dispute is pending is often critical. This can become especially complicated in litigation over a commercial tenant’s rent obligations where a Yellowstone injunction…
Partner Adrienne B. Koch published an article with Law360 on May 4, 2020 that looks at how early strategic choices for defense counsel wishing to challenge class certification may vary depending on the court in which the case is filed. “Counsel facing a class action complaint should look for the earliest…
New York Law Journal (November 12, 2019) A party that receives an invoice and holds it without dispute does so at its peril: Absent an objection within a reasonable time, the recipient can become liable for the entire amount of the invoice based on an account stated. There…
Partner Adrienne B. Koch published an article with Law360 on November 6, 2019 that looks at when transactional lawyers and in-house counsel should seek out the opinion of a litigator on contract language. In the piece, she outlines some of the provisions that are most likely to come into play…
New York Law Journal (August 19, 2019) You lost your appeal in the Appellate Division. What do you do next? Unless the decision is appealable as of right (see CPLR 5601), you may have to take your lumps and move on. Under the right circumstances, however, there are…