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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 ...

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, ...

“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 ...

“Do the thing and you will have the power.” – Ralph Waldo Emerson “Hope the internet is still on,” I thought to myself as I force-closed the Skype app and then, with a quick prayer, re-tapped the link to the ...

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 ...

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 ...

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 ...

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