Minding Your Business

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

Matthew J. Morris

Matthew J. Morris

Associate

Matthew J. Morris is an associate in the Litigation Department. He works on a variety of disputes concerning insurance coverage, partnership and joint venture agreements, hotel management agreements, civil RICO and media and communications law.

Matt's analytical acumen has enabled him to contribute significantly to the firm's success in difficult appellate matters, including: two victories in the New York Court of Appeals, one in a dispute concerning whether the aggregate coverage limit of an excess liability insurance policy covering asbestos claims made against the insured was renewed annually, rather than continued over the three year period of the policy (16 N.Y.3d 419) and the other in a decision that established that an insured may obtain indemnification for payments made as disgorgement where such payments do not represent the insured’s own illicit gains (21 N.Y.3d 324); its victory in the New York Appellate Division in a dispute regarding whether an insured that sold asbestos believing its products could be used safely, despite its awareness of possible injuries, did not expect or intend such injuries for coverage purposes (101 A.D.3d 434); its successful appeal to the Second Circuit from a decision in which the district court had held that a "hell or high water" agreement barred Home Depot U.S.A., Inc. from arguing that it was constructively evicted from its premises, terminating its rent obligation (570 F.3d 513); and its representation of The New York Times in a case in which the lower court granted class certification to plaintiffs challenging the right to engage in newsgathering, and the appellate court reversed the certification order (895 A.2d 1173).

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NY Court of Appeals Finds Personal Jurisdiction Based on Use of NY Correspondent Bank Accounts

A sharply divided New York Court of Appeals recently held that defendants who allegedly made intentional and repeated use of New York correspondent bank accounts for money laundering thereby purposefully transacted business related to the plaintiffs’ claims, and thus were subject to the personal jurisdiction of the New York courts. According to the three-judge dissent, … Continue Reading

New York’s Commercial Division Requires Motion to Seal When Redacted Documents are Filed

The Commercial Division of the Supreme Court of the State of New York recently adopted a new form of confidentiality order that eliminates the option to e-file documents redacted for confidentiality without a motion to seal. The new confidentiality form, which became effective on July 1, 2016, requires the “Producing Party” who originally designated the … Continue Reading

New York’s Appellate Division Reinstates Attorney General’s Statutory Fraud Claim Against “Trump University”

In State of New York v. Trump Entrepreneur Initiative LLC, New York’s Appellate Division recently denied a motion by Donald Trump’ organization to dismiss a fraud claim brought by the New York Attorney General (“AG”) under Executive Law § 63(12). Aside from the fame, or perhaps notoriety, of the respondents, Trump is noteworthy in two other … Continue Reading
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