NY Daily Record Since 1908

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 ...

I was recently consulted by the former client of a certified public accountant. The client, who I’ll call “Ms. Smith,” hired the accountant to manage all financial aspects of her business. This included providing payroll services and preparing and filing ...

Tagged with: Civil Litigation David Fitch

“Brevity is important.” — Chief Judge Carl L. Bucki, Chief Bankruptcy Judge for Western District of New York This summer, I am mentoring and coordinating assignments for a talented, rising 3L at the University at Buffalo School of Law, who ...

Tagged with: Civil Litigation David Tang

Last week the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act (FDCPA). These proposed changes could have a dramatic effect on attorneys representing consumers and debt collectors. The FDCPA ...

Tagged with: Civil Litigation Jillian Farrar

During Oscar season, I always look forward to watching Turner Classic Movies’ “Thirty Days of Oscar,” which showcases Academy Award-winning films. This year, I watched the film “Kramer v. Kramer” (1979) starring Dustin Hoffman and Meryl Streep. As a matrimonial ...

Tagged with: Leah Cintineo

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

In theory, the attorney-client privilege is pretty straightforward. A client retains an attorney, and thereafter that relationship is imbued with certain rights and benefits. These benefits include an expectation of confidential communications between attorney and client, as well as a ...

Tagged with: Civil Litigation Colin Ramsey

The Supreme Court recently handed down some significant decisions in the labor and employment field. These decisions represent a trend of pro-employer decisions from the Court. Union Agency Fees: Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018) In ...

Tagged with: Alina Nadir Civil Litigation

Binding arbitration remains on the rise. Indeed, there is a high likelihood that only a small percentage of the readers of this article will have not already, in some area of their life, consented and otherwise agreed to private, binding, ...

Tagged with: Civil Litigation David M. Tang

On Feb. 26, 2018, the U.S. Court of Appeals for the Second Circuit overruled its own precedent and became only the second Court of Appeals in the nation to extend Title VII protection to gay workers. Zarda v. Altitude Express, ...

Tagged with: Civil Litigation Jennifer A. Shoemaker

Under new legislation effective July 20, 2017, New York State has taken steps to protect children under age 18 from being subjected to child marriage against their will. Under Federal Law, the U. S. State Department defines child marriage as ...

Tagged with: Civil Litigation Leah Cintineo

A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement letter. On Sept. 12, Judge William H. Pauley III denied Seward & Kissel, LLP’s Motion to Dismiss the $10 ...

Tagged with: Civil Litigation Jillian Farrar