Advocate’s View: Play it safe by issuing a written litigation hold notice
By Jeremy M. Sher
POSTED: March 14, 2012
Tags: Advocate's View
At deposition, opposing counsel abruptly asks your client whether his company circulated a litigation hold notice to its employees. “I instructed everyone to preserve their documents,” he responds. “Did anyone put that instruction in writing?” asks opposing counsel. Based on this line of inquiry, opposing counsel is probably familiar with Judge Shira Scheindlin’s Pension Committee [...]
Advocate’s View: COA sends long arm jurisdiction to the dogs
By Mary Jo S. Korona
POSTED: February 15, 2012
Tags: Advocate's View
The task of construing long arm jurisdiction under CPLR §302 (a)(1)-(4) is enough to send most practitioners to the nearest vending machine for chocolate and soda. The task becomes more mind-numbing where the analysis involves a claim for defamation. In such circumstances, the out-of-state utterer receives an added layer of protection as defamation of character [...]
Advocate’s View: Personal injury plaintiff non-recourse loans – The issues
By Laurie A. Giordano
POSTED: January 18, 2012
Tags: Advocate's View
Many plaintiffs’ personal injury attorneys face the situation of a client seeking a non-recourse loan from a private lending company while a personal injury case is pending. In the United States, the lawsuit cash advance and loan industry is worth $100 million a year. Such loans raise serious concerns for the practitioner representing the plaintiff. [...]
Advocate’s View: Madoff and fraud claims against third parties
By Steven E. Cole
POSTED: October 19, 2011
Tags: Advocate's View
By now, everyone has heard of Bernard Madoff, the investment fund manager who managed to operate a massive Ponzi scheme for more than 20 years without detection. It is alleged that for years, Madoff engaged in virtually no trading for his investment clients, and kept entirely fictitious records of investments, profits and losses.
Advocate’s View: Discordant rhythms in Rules of Professional Conduct 
By Mary Jo S. Korona
POSTED: June 16, 2011
Tags: Advocate's View
Jazz musicians will tell you that one of the keys to jazz is the polyrhythm, which is the simultaneous occurrence of two or more conflicting rhythms. The outcome can be pure music magic, as evidenced by the many wonderful jazz musicians who have appeared at this year’s Rochester International Jazz Fest.
Advocate’s View: COA gives guidance on common law duties
By Steven E. Cole
POSTED: May 19, 2011
Tags: Advocate's View
In a previous article, I wrote that the New York Court of Appeals had been presented with an opportunity to limit or abandon the so-called Mohawk doctrine. In Bessemer Trust Co, N.A. v. Branin, the court of appeals addressed the implied covenant, under common law …
Advocate’s View: Are amendments really ever freely given?
By John C. Nutter
POSTED: March 16, 2011
Tags: Advocate's View
Unilaterally amending a pleading early in a lawsuit is one of the rare freebies for a “do-over” that the law provides. When a party is in New York state court, it can amend its pleading as a matter of right within 20 days after service of the pleading or after service of a pleading responding to it.
Advocate’s View: Attorney fee applications and Dante’s ‘Inferno’
By Paul L. Leclair
POSTED: January 20, 2011
Tags: Advocate's View
Making an attorney fee application causes me considerable angst. Even though the application comes on the heels of a successful outcome, it is too personal. While the primary litigation is certainly a test of an attorney’s substantive knowledge, experience and strategic acumen …
Advocate’s View: End-of-year ruminations for litigators
By Mary Jo S. Korona
POSTED: December 16, 2010
Tags: Advocate's View
At the risk of dating myself, consider the famous quote from Walt Kelly’s cartoon strip, “Pogo,” in which the character observes: “We have met the enemy and he is us,” in connection with an end of year introspection about the innumerable tasks …
Advocate’s View: To the victor go e-discovery costs?
By John C. Nutter
POSTED: November 17, 2010
Tags: Advocate's View
The party who obtains a judgment in a lawsuit, whether in New York state or federal court, is generally entitled to seek an award of costs and disbursements. The categories of recoverable costs are set forth in CPLR 8301 and 28 U.S.C. § 1920.
Advocate’s View: NYSCOA will revisit ‘Mohawk’ maintenance
By Steven E. Cole
POSTED: October 20, 2010
Tags: Advocate's View
The New York State Court of Appeals has been presented with an interesting opportunity to limit or abandon a common law doctrine of questionable necessity. After eight years of litigation, summary judgment …
Advocate’s View: Bunt to the New York Court of Appeals
By Mary Jo S. Korona
POSTED: September 15, 2010
Tags: Advocate's View
Baseball and golf fans, and likely even those who are neither, are familiar with the “bunt.” In baseball the play involves a non-swing of the bat that puts the ball in play. In golf, the bunt is a controlled shot designed to avoid wind or to ensure the ball finds the fairway.
