Minding Your Business

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

Tag Archives: commercial litigation

Banks as Gatekeepers Against Fraud: Customer Protection and the So-Called Quincecare Duty in the UK

Who can be held responsible when a rogue actor directs payment from a company’s bank account?  Unless discovered quickly, stolen funds are usually quickly spirited away from easy recovery. Victims of fraud therefore look for other sources of compensation, including the bank itself who executed the instruction. In England, when banks and financial institutions have … Continue Reading

Extra, Extra, Extraterritorial, Read All About It: Supreme Court Considers Lanham Act’s Reach

Last month, the Supreme Court heard oral argument on Abitron Austria GmbH et al. v. Hetronic International, Inc. and considered, for the first time since 1952, the extraterritorial reach of the Lanham Act. This case presents the opportunity for the Court to establish a uniform test for the Lanham Act’s extraterritorial reach when seeking remedies … Continue Reading

Recent Change to New York’s Hearsay Law Could have Implications for Workplace Litigation

New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years. Recent changes to New York’s rules on civil procedure, however, have brought the state’s approach to hearsay more in line with the standard set by the Federal Rules of Evidence. … Continue Reading
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