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Civil Litigation

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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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 ...

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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 ...

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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 ...

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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 ...

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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, ...

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

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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