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Civil Litigation: Avoiding accounting malpractice
I was recently consulted by the former client of a certified public accountant. The client, who I’ll call “Ms. Smith,” hired the accountant to manage all financial aspects of her business. This included providing payroll services and preparing and filing tax returns related to payroll tax and sales and use tax. After several years, the […]
Civil Litigation: Effective advocacy: some valuable advice
“Brevity is important.” — Chief Judge Carl L. Bucki, Chief Bankruptcy Judge for Western District of New York This summer, I am mentoring and coordinating assignments for a talented, rising 3L at the University at Buffalo School of Law, who returned to our law firm for a second year as a summer associate. During quieter […]
Civil Litigation: New proposed rules for the Fair Debt Collection Practices Act could mean big changes for debt collectors and consumers
Last week the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act (FDCPA). These proposed changes could have a dramatic effect on attorneys representing consumers and debt collectors. The FDCPA governs debt collectors’ conduct and communication with consumers. Attorneys attempting to collect a debt incurred [&hell[...]
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 attorney, I watched the film with a critical eye. While it is a well-acted drama, […]
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 an Act of Parliament passed in 1677, entitled “An Act for Prevention of Frauds and […]
Civil Litigation: Representing a corporation: who is the client?
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 prohibition on opposing counsel contacting a party that he or she knows to be represented […]
Civil Litigation: Recent Supreme Court decisions affecting the labor and employment practice area
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 Janus, the Supreme Court held that public-sector unions cannot force non-union employees to pay “agency […]
Civil Litigation: Binding arbitration on the job and in nursing home admissions
Binding arbitration remains on the rise. Indeed, there is a high likelihood that only a small percentage of the readers of this article will have not already, in some area of their life, consented and otherwise agreed to private, binding, predispute arbitration. Those who have not will have made various affirmative decisions to live without […]
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, Inc., was argued before a rare en banc (before the entire panel of judges) session […]
Civil Litigation: Changes in New York State law protect minors from child marriage
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 “a formal marriage or informal union where one or both of the parties is under […]
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 million malpractice claim brought by Mitchell Barack, the founder and sole owner of ESCO Energy […]
Civil Litigation: Bringing some cost certainty to commercial litigation
The “Great Recession” that began in 2007 had tremendous impact on the U.S. economy, and the legal industry was not immune to that impact. While law firms had been changing their business and pricing practices in response to advances in technology and client demands, the pace of change has accelerated in the years following the […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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