Commercial Litigation Update

Shareholders who sue derivatively on behalf of a corporation are often faced with counterclaims against them as individuals. The issue of whether such counterclaims are properly interposed against a shareholder in their individual capacity is not typically a heavily contested issue in New York. However, this may soon change as a result of a recent decision in the case of Jean-Pascal Simon v. Francinvest, S.A., et. al., 2023 N.Y. Slip. Op. 32422[U] (Sup. Ct. N.Y. Co. July 7, 2023), where the court was confronted with arguments about the feasibility of such countersuits and ...

New episode of our podcast, Speaking of Litigation:  Float like a butterfly, sting like a . . . Swifty? From Muhammad Ali’s masterful prowess in the ring to Taylor Swift’s re-recorded classics, the art of counterpunching has long been portrayed in societal—as well as legal—media.

In the courtroom, a counterclaim can be used to disrupt the legal strategy of your opposition or even in anticipation of an incoming legal threat. In this episode of Speaking of Litigation, Epstein Becker Green attorneys Max Cadmus, Victoria Flinn McCurdy, and Anthony ...