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Civil Litigation

The enforceability of skilled nursing care agreements

The environment for long-term care for the elderly, and particularly skilled nursing care, is complex, often emotionally charged, and marked by financial burdens on all sides. Skilled nursing care is costly to provide and thus expensive, and nursing homes and ...

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Civil Litigation: The cost of convenience: Tips to avoid litigation when granting authority

To avoid the annoyance of troublesome processes and procedures, people and businesses sometimes choose to make decisions based on convenience. For some, convenience comes in the form of quick grants of authority to another for one-off business-related tasks. When authorization ...

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Civil Litigation: Staying ready: An alternative approach to taking depositions

An attorney’s or client’s quick perusal of online practitioners’ guides will find that most of those who opine on best practices for depositions encourage a conversational approach to probe for information. This approach is half correct. I offer an alternative. ...

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Civil Litigation: The Ever-So-Handy Handbook

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 ...

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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 ...

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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 ...

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