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Civil Litigation

May 27, 2021

Insurance and Injury Corner: Liens and subrogation rights in personal injury cases

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 (but similar in concept of recovery of losses or payments) and typically arise by statute. […]

May 24, 2021

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 capacity restrictions that have been in place for well over a year. However, many medical […]

Mar 22, 2021

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 number of employees working from home at least half the time at 4.3 million. Since […]

Jan 20, 2021

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 little initial guidance. Existing protections, such as notification requirements for mass layoffs and closings, disability [&hell[...]

Nov 25, 2020

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 out to become the biggest law firm in Rochester, just one that truly cared about […]

Nov 18, 2020

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, have worked together to help our clients get through the business divorce process on many […]

Sep 22, 2020

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 being purchased, to establish its assets and liabilities and the accuracy and completeness of the […]

Jul 21, 2020

Civil Litigation: Weathering disruptions while practicing in pandemic times

“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 Skype call for the evidentiary hearing, from which I had just been dropped. I was […]

May 18, 2020

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 as the obligations to give, and respond to, notices of breach, and understand the role […]

Mar 25, 2020

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

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 Executive Orders will have significant legal consequences for those businesses in contractual relationships. This is […]

Mar 2, 2020

Civil Litigation: When is a deal a deal?

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 numerous meetings, and exchanged emails, about the project with the developer; prepared necessary project documents; […]

Nov 14, 2019

Civil Litigation: The Fourth Department clarifies LLC indemnification rights

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 particularly true in a “business divorce” case involving a limited liability company, where a client […]

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