Southern District of New York Holds Parent Company is Not Bound by Arbitration Agreement with Merger Advisor Engaged by the Target Company

In XTI Aerospace, Inc. v. Chardan Capital Markets LLC, 1:24-cv-6590-GHW, 2025 WL 240973 (S.D.N.Y. Jan. 17, 2025), the Southern District of New York held that a parent company is not bound by an arbitration agreement between a merger target and the target’s merger advisor, even post-merger. In March 2025, Travis J. Mock discussed commercial arbitration clauses with … Read more

Declaratory Judgment Claim Dismissed on Ripeness Grounds Where Too Many Contingent Events Exist for Plaintiff to Show Actual or Threatened Imminent Harm

The parties in Berardi v. Berardi, Case No. 22-CV-00159, are the owners of certain companies that provide public transportation services throughout New York State and other surrounding areas under various trade names including Trailways and Coach.  The parties entered into a post-nuptial agreement providing that upon dissolution of their marriage, plaintiff would own 49% of the companies and defendant would own 51%.  The parties were divorced in 2009… Read more