“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 ...
Read More »Civil Litigation: What employers, employees should know about the city’s anti-discrimination law
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, ...
Read More »Civil Litigation: Law and the art of automobile maintenance
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 ...
Read More »Lawyers: Flint water lawsuits can succeed
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, ...
Read More »Civil Litigation: A look at the top misconceptions of matrimonial clients
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 ...
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Read More »Civil Litigation: NLRB ruling expands definition of “joint employer”
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 ...
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Read More »Civil Litigation: Asbestos litigation: Rejecting single exposure theory
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 ...
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Read More »Civil Litigation: Can I say that? Tactics for ethical negotiations
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 ...
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Read More »Civil Litigation: Obtaining appellate review of a sua sponte order
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 ...
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Read More »Civil Litigation: Attorney’s duty to plan extends further than you think
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 ...
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Read More »Civil Litigation: Recent commercial division rule changes, amendments
“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, ...
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Read More »Civil Litigation: A business approach to business 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 ...
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