The Plot Thickens. New York Court Of Appeals Finds Companies Do NOT Consent To Jurisdiction By Registering To Do Business There.

In a post on October 10, 2021, I shared my thoughts on the Georgia Supreme Court’s recent decision holding that a company that registers to do business in Georgia has ipso facto consented to the general jurisdiction of Georgia courts over lawsuits brought there. I explained this was the minority rule. The New York Court of Appeals recently added clarity to the majority position by holding that companies do NOT consent to general jurisdiction simply because […]

By | December 1st, 2021 ||

Gauging The Effects Of Covid-19 On The Appellate Courts

As Courts across the country closed their doors to in-person trials and hearings, concerns began to mount that the courts would be inundated with a backlog of trials and appeals that would cause longstanding delays in the administration of justice for years to come.

Statistics published by the appellate courts largely confirm a decrease in new appellate filings due to decreased trials and other proceedings. Nine of the twelve circuit courts saw decreases in appeals […]

By | November 28th, 2021 ||

New York Court Of Appeals Rules Corporate Convertible Loans May Be Subject To Usury Laws

A recent decision from the New York Court of Appeals may affect lenders who use convertible loans when lending to corporate borrowers. The decision in Adar Bays, LLC v. GeneSYS ID, Inc., holds that the conversion price in a convertible option can be considered interest and thus may fall under the purview of New York’s criminal usury laws. Accordingly, corporate lenders must take appropriate steps to ensure that the value of their convertible loan rates is […]

By | November 18th, 2021 ||