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Civil Litigation

Civil Litigation: Are vaccine mandates legal?

Ramsey

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 ...

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Civil Litigation: Work from home can bring new issues, but not all bad

Shoemaker

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 ...

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Civil Litigation: Hindsight is 2020 — Workplace litigation during the pandemic

Stephanie B. Hoffmann

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 ...

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Firm builds its brand on compassionate divorce law

Sarah Wesley, Amber Peshkin and Kevin Clark are the heart of Wesley Clark & Peshkin. (Provided photo)

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 ...

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Civil Litigation: LLCs: Breaking up is hard to do

Thomas Knab

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, ...

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Civil Litigation: Do the Due (Diligence)

Thomas Knab

“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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Civil Litigation: Developing a strategy for pandemic-driven commercial litigation

Thomas Knab

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 ...

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Civil Litigation: Actions businesses can take to reduce future COVID-19 force majeure litigation

Jillian Farrar

Last week, Gov. Andrew Cuomo instituted New York State on P.A.U.S.E. (Policies Assure Uniform Safety for Everyone), ordering 100% of the non-essential workforce to stay at home. While necessary to fight the novel coronavirus, known as COVID-19, the governor’s recent ...

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Civil Litigation: When is a deal a deal?

Thomas Knab

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 ...

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Civil Litigation: The Fourth Department clarifies LLC indemnification rights

Thomas Knab

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 ...

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