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In a past Advocate’s View article, I wrote about efforts to obtain pre-action discovery pursuant to CPLR 3201(c). To recap, pre-action discovery is available to aid in bringing an action or arbitration as well as to preserve information, but only ...

Every once in a while, the Court of Appeals gifts the commercial litigator with an opinion that includes a useful discussion about the meaning and significance of a familiar and routinely used contract term. The most recent gift was the ...

With greater frequency, clients expect, request and sometimes insist that non-lawyers, such as public relations firms, participate in in the litigation process. Responding to and managing these client expectations requires that the attorney be well-versed in the ways in which ...

Tagged with: Advocate's View Mary Jo S. Korona

Most discovery skirmishes arise after commencement of an action. On occasion, the battle is waged before an action is commenced, which brings into play CPLR §3201 (c). Pre-action discovery is available to aid in bringing an action, to preserve information ...

Tagged with: Advocate's View Mary Jo S. Korona

The availability and lure of social media to quickly find information about individuals involved in the legal system, and in particular prospective or sitting jurors, can overshadow the need to be aware of the ethical considerations imposed by the New ...

Tagged with: Advocate's View Mary Jo S. Korona

Sometimes described innocuously as a motion to exclude anticipated inadmissible, immaterial or prejudicial evidence, the motion in limine in a commercial case is a valuable strategic tool that can be effective in limiting discovery and explaining and narrowing complicated commercial ...

I am reminded of New York State Bar Association past President Steven Krane’s advice that attorneys spend a part of New Year’s Day reviewing the Rules of Professional Conduct. On the chance that your New Year’s Day plans do not ...

Starting and formalizing a business relationship, be it a partnership, limited liability company or closely held corporation, often includes a discussion about an agreement to resolve disputes only by way of arbitration. At the beginning of the business relationship, when ...

Tagged with: Advocate's View

No longer is mediation the new strategy on the block; however it continues to be discussed and, in some cases debunked by litigants and their counsel. One might ask, “What reasons underlie the negative reactions to mediation?” In my experience, ...

Tagged with: Advocate's View

Unjust enrichment claims are frequently asserted in actions involving disputed contracts. This strategy evolved in response to the long-standing legal principle that a party to a contract cannot obtain recovery for unjust enrichment unless the contract is unenforceable. In cases ...

Tagged with: 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 ...

Tagged with: 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.

Tagged with: Advocate's View