Assessing 'Commercially Reasonable Efforts' Provisions Under New York Law

New York Law Journal

Lara A. Flath Judith (Judy) A. Flumenbaum

Partner Lara Flath and associate Judy Flumenbaum discuss the lack of clear guidance on interpreting efforts clauses under New York law. Lara and Judy examine several recent cases that have sought to provide a little clarity by articulating factors to consider in assessing a party’s efforts.