NY Daily Record Since 1908

“When you’re thrust into litigation, you obviously have to make sure you’re prepared to deal with that.”   —Roger Goodell   The U.S. Court of Appeals for the Second Circuit recently issued decisions in the “Deflategate” matter, which involved spoliation ...

What is the Rochester Human Rights Law? Rochester’s Human Rights Law, Chapter 63 of the Municipal Code of the City of Rochester (the “RHR Law”), was enacted in 2001. It prohibits discrimination based on “age, race, creed, color, national origin, ...

Readers of a certain vintage may recall this TV commercial from back in the day: An auto mechanic who has clearly seen it all gives advice from under the hood about the need to replace your oil filter on a ...

DETROIT, MI – Plaintiffs’ attorneys suing government officials and entities over water contamination in Flint say they can prevail against immunity defenses. “I think it’s a hurdle that will be overcome — it should be overcome,” said Brian J. McKeen, ...

As family law practitioners, we see it time and time again. Let’s set the scene: You meet with a new client for a divorce consultation. The client is confident in her knowledge of divorce law based on comparing notes with ...

Tagged with: Civil Litigation

For the past three decades, the National Labor Relations Board has enforced a certain definition of “joint employer” when it came to determining obligations under the National Labor Relations Act (the Act). This definition resulted in finding an employment relationship between ...

Tagged with: Civil Litigation

A recent decision in New York County may significantly alter how asbestos cases are prosecuted and defended in New York. In a 40 page opinion in Juni v. A.O. Smith Water Products, et al. (Index No. 190315/12), Supreme Court Judge ...

Tagged with: Civil Litigation

By DAVID M. TANG Daily Record Columnist This spring, I was invited to present at a symposium on ethics in negotiation. Given recent headlines relating to lawmakers’ conduct, it felt like a good, timely opportunity to reflect on the importance ...

Tagged with: Civil Litigation

Of the numerous challenges that trial counsel face, appealing an adverse order issued sua sponte can be one of the most difficult to resolve, particularly when the decision is made on the eve of trial and time is of the ...

Tagged with: Civil Litigation

In a recent tragic and somewhat unlucky case, attorneys are reminded of the significant responsibility we accept when we are retained by clients. The case is a great reminder to make clear in the written retainer agreement the exact scope ...

Tagged with: Civil Litigation

“You have to learn the rules of the game. And then you have to play better than anyone else.”  -Albert Einstein This article highlights some of the recent amendments to the Rules of the Commercial Division of the Supreme Court, ...

Tagged with: Civil Litigation

Some business disputes prove to be so intractable, or cause or threaten such severe economic injury, that they require legal action. In many instances, a lawsuit is the continuation, in a different forum, of an existing business dispute that the ...

Tagged with: Civil Litigation