Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

David S. Mordkoff

David S. Mordkoff

Associate

David S. Mordkoff is an associate in the Litigation Department. He has worked on general litigation matters involving commercial disputes, non-compete agreements, professional sports and financial services firms, in both federal and state courts.

David served as the lead associate in the representation of the New York Jets in a lawsuit brought by a former season-ticket holder in federal court in New Jersey. He has worked on matters for all five major North American professional sports leagues, including the National Hockey League in its suit against a former owner of one of its franchises.

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Supreme Court Clarifies When Service by Mail is Permitted under the Hague Convention

The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention” or “Convention”), was designed to simplify and standardize the service of legal documents across international borders. But for decades, U.S. courts divided over a seemingly simple question: does the Hague Service Convention prohibit service by mail?… Continue Reading

Does an Emailed Copy of a Complaint Start the 30-Day Removal Clock?

In today’s litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes, plaintiff’s counsel emails a copy to the defendant’s counsel after filing. If it is a particularly newsworthy lawsuit, an employee or officer of a corporate defendant may download a copy of the … Continue Reading

Supreme Court Reinforces Strict Rule On Citizenship of Unincorporated Entities for Diversity Jurisdiction to the Detriment of Publicly-Traded REITs

Article III of the U.S. Constitution extends the jurisdiction of federal courts to “[c]ontroversies … between Citizens of different States.” U.S. Const. art. III, § 2, cl. 1. “This rule is easy enough to apply to humans, but can become metaphysical when applied to legal entities.” Americold Realty Trust v. ConAgra Foods, Inc.… Continue Reading
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