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Civil Litigation

Civil Litigation: ‘Kramer v. Kramer’: A 2019 analysis

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 ...

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Civil Litigation: House of frauds

The rule requiring many contracts to be in writing and signed by the party sought to be bound in order to be enforceable is called the “Statute of Frauds.” As everyone who has searched Wikipedia knows, that term comes from ...

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Civil Litigation: Representing a corporation: who is the client?

Colin Ramsey

In theory, the attorney-client privilege is pretty straightforward. A client retains an attorney, and thereafter that relationship is imbued with certain rights and benefits. These benefits include an expectation of confidential communications between attorney and client, as well as a ...

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Civil Litigation: Recent Supreme Court decisions affecting the labor and employment practice area

Alina Nadir

The Supreme Court recently handed down some significant decisions in the labor and employment field. These decisions represent a trend of pro-employer decisions from the Court. Union Agency Fees: Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018) In ...

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Civil Litigation: Second Circuit holds that sexual orientation discrimination is sex discrimination under Title VII

On Feb. 26, 2018, the U.S. Court of Appeals for the Second Circuit overruled its own precedent and became only the second Court of Appeals in the nation to extend Title VII protection to gay workers. Zarda v. Altitude Express, ...

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Civil Litigation: Changes in New York State law protect minors from child marriage

Leah E. Tarantino

Under new legislation effective July 20, 2017, New York State has taken steps to protect children under age 18 from being subjected to child marriage against their will. Under Federal Law, the U. S. State Department defines child marriage as ...

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Civil Litigation: Clearly defining the scope of representation—reducing malpractice risk through the engagement letter

A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement letter. On Sept. 12, Judge William H. Pauley III denied Seward & Kissel, LLP’s Motion to Dismiss the $10 ...

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Civil Litigation: Multi-tiered dispute resolution clauses: Pre-arbitration procedure

Tang,-David-FEAT

“Everything in its right place.” — Radiohead Mise en place is a French culinary phrase often used in professional kitchens to refer to preparing and arranging the ingredients a chef will require for a meal before service begins. In short, ...

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Civil Litigation: The FDCPA — what you don’t know can hurt you

For attorneys attempting to collect non-commercial debts for their clients, familiarity with the Fair Debt Collection Practices Act (FDCPA) is essential. The unwary attorney serving as a “debt collector” may expose him/herself to liability for failing to strictly comply with ...

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Common law duty of non-solicitation of customers for sellers of businesses

cl_keneally

  For good reason, given the volume of litigation generated by them, restrictive covenants in employment agreements attempting to limit or prevent solicitation of customers have received extensive coverage in employment law articles and blogs. Regardless of what an employment ...

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