Publication
HHS proposes Security Rule amendments
The United States Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), issued a proposed rule to improve data protection measures in the healthcare sector.
Commercial division update: Reformation of contract based on mutual mistake
New York Law Journal
United States | Publication | January 2024
This column focuses on the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue. A mutual mistake exists where the contractual language does not reflect the parties’ meeting of the minds in some material respect. To prevail on a reformation claim based on mutual mistake, the party advancing the claim must prove a mutual mistake by both parties that resulted in either (1) an omission of an agreed upon provision or (2) the addition of a provision not agreed upon. Slutzky v. Gallati, 97 A.D.2d 561, 561 (3d Dep’t 1983).
In this update, Thomas J. Hall and Judith A. Archer discuss the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue.
Read the full New York Law Journal article, "Commercial division update: Reformation of contract based on mutual mistake."
Recent publications
Publication
An unpredictable regulatory landscape after Loper Bright
Regulated businesses have experienced marked uncertainty since the United States Supreme Court upended the Chevron doctrine in Loper Bright Enterprises v. Raimondo on June 28, 2024.
Publication
Tariff turmoil: US tariffs and Canadian retaliatory tariffs
On February 1, US President Donald Trump signed three executive orders which impose tariffs on Canada, China, and Mexico based on declared national emergencies associated with purported illegal immigration and fentanyl imports from each country.
Subscribe and stay up to date with the latest legal news, information and events . . .