By law, employers are required to provide employees with an ever-increasing amount of information, policies, notices, and acknowledgments throughout their employment. In New York these include but are not limited to a sexual harassment prevention policy, pay notices, airborne infectious ...
Read More »Civil Litigation: Privileged communications between an attorney and the client’s agent
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 ...
Read More »Civil Litigation: Spoiler alert — The ins and outs of spoliation
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 ...
Read More »Civil Litigation: Fourth Dept. weighs in on preserving investors’ interests against defense of tax estoppel
And I am, whatever you say I am. If I wasn’t, then why would I say I am? These words of one of the great American lyricists echoed the cold reality that confronted many investors who reasonably relied upon their ...
Read More »Civil Litigation: Are Zoom depositions making us all a little crazy?
The “new normal” of practicing law remotely has its challenges. Zoom depositions are one of them. Preparation is tedious. Computer screens notoriously freeze mid-sentence. And how about those lawyers who love using the limitations of virtual testimony to feed helpful ...
Read More »Insurance and Injury Corner: Liens and subrogation rights in personal injury cases
Subrogation is the principle by which an insurer, having paid losses of its insured, is placed in the position of its insured so that it may recover from the third party legally responsible for its loss. Lien rights are different ...
Read More »Civil Litigation: Are vaccine mandates legal?
Life is finally beginning to feel a bit more normal as our long journey out of the pandemic is hopefully nearing an end. Just last week, Gov. Andrew Cuomo adopted the CDC recommendations regarding masks, and lifted many of the ...
Read More »Civil Litigation: Work from home can bring new issues, but not all bad
Even before COVID-19, the number of employees working from home was steadily rising. Employers who want to stay relevant and keep competitive with their counterparts are almost required to have a work from home policy. In 2019, SmallBizGenius put the ...
Read More »Civil Litigation: Hindsight is 2020 — Workplace litigation during the pandemic
Employers were hit hard in 2020, not only with government-mandated closings and the growing risk of infection, but also with the heightened potential for employment law violations. New state and federal protections were implemented for workers impacted by COVID-19, with ...
Read More »Firm builds its brand on compassionate divorce law
They began the practice with the premise of providing a personalized touch for any client with a legal need, whether it was a criminal case, a personal injury claim or representation in a divorce. Wesley, Clark & Peshkin LLP wasn’t ...
Read More »Civil Litigation: LLCs: Breaking up is hard to do
A lawsuit among owners of a closely-held business like a limited liability company — sometimes referred to as a “business divorce” action — often involves issues for both transactional lawyers and litigators. Your authors, a transactional lawyer and a litigator, ...
Read More »Civil Litigation: Do the Due (Diligence)
“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 ...
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