NY Daily Record Since 1908

Many people understand their communications with their lawyers concerning legal matters are protected from disclosure by the attorney-client privilege. However, they may not be aware that the privilege also protects communications by one serving as an agent of either the ...

In most commercial litigation in the New York courts, the parties and their lawyers spend much effort and expense in discovery. “Discovery” is the pretrial process of obtaining evidence from the opposing party that is or may be relevant to ...

“Do. Or do not.” — Yoda In most corporate acquisitions and commercial real estate purchase transactions, the buyer contracts for the right to conduct due diligence. In a corporate acquisition, due diligence involves the buyer’s comprehensive appraisal of the business ...

Businesses must protect their contract rights and position themselves to prosecute and defend commercial and contract claims that arise during, and because of, the business disruptions caused by the response to the COVID-19 pandemic. Businesses must assert those rights, such ...

A construction company submitted a bid to serve as the general contractor for a public/private historic redevelopment project. After being told by the developer that it was the successful bidder, over the next several months the construction company participated in ...

Tagged with: Civil Litigation

High legal fees are an unavoidable fact of life for many commercial litigants.  A client’s ability to commence, and successfully litigate, even a highly meritorious case often hinges on whether he or she can afford the inherent cost. This is ...

Many years and two law firms ago, my boss brought in a case for Tony, one of his best friends. Tony had purchased some property for his business that turned out to have subsurface petroleum contamination. The seller, a paving ...

Tagged with: My First Thomas Knab

The rule requiring many contracts to be in writing and signed by the party sought to be bound in order to be enforceable is called the “Statute of Frauds.” As everyone who has searched Wikipedia knows, that term comes from ...

Tagged with: Civil Litigation Thomas F. Knab

The “Great Recession” that began in 2007 had tremendous impact on the U.S. economy, and the legal industry was not immune to that impact. While law firms had been changing their business and pricing practices in response to advances in ...

Tagged with: Civil Litigation Thomas F. Knab

Readers of a certain vintage may recall this TV commercial from back in the day: An auto mechanic who has clearly seen it all gives advice from under the hood about the need to replace your oil filter on a ...

Some business disputes prove to be so intractable, or cause or threaten such severe economic injury, that they require legal action. In many instances, a lawsuit is the continuation, in a different forum, of an existing business dispute that the ...

Tagged with: Civil Litigation

LLCs, which were created by the New York Limited Liability Company Law (LLCL), are hybrid business entities that combine the tax aspects of partnerships with the limited liability of corporations. The two basic principles underlying the LLCL are (1) LLC ...

Tagged with: Civil Litigation