NY Daily Record Since 1908

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. ...

All lawyers are bound by the ethical rules of the jurisdiction in which they practice and practicing ethically is an integral part of what it means to be a good attorney. One thing I learned about ethics after law school ...

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 ...

Many people understand their communications with their lawyers concerning legal matters are protected from disclosure by the attorney-client privilege. However, they may not be aware that the privilege also protects communications by one serving as an agent of either the ...

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 ...

And I am, whatever you say I am. If I wasn’t, then why would I say I am? These words of one of the great American lyricists echoed the cold reality that confronted many investors who reasonably relied upon their ...

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 ...

Subrogation is the principle by which an insurer, having paid losses of its insured, is placed in the position of its insured so that it may recover from the third party legally responsible for its loss. Lien rights are different ...

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 ...

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 ...

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 ...

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 ...