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Civil Litigation

May 12, 2017

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

“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, it means to “set in place.” If we applied this concept to the drafting and […]

Mar 17, 2017

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 the mandates of the FDCPA, including providing debtors with notices of their rights under the […]

Nov 22, 2016

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

  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 agreement might provide, and even in situations where there is no employment agreement, New York […]

Oct 4, 2016

Publish or perish: CPLR Rule 4112

  Have you ever had one of those dreams that you are winning a game show? “Alex, let’s go with ‘Publish or Perish in the Courtroom’ for $1,000.” Your heart races with excitement as Alex announces: “This answer is a Daily Double!” “Is meaningless until published,” Alex says. Your hand smashes down onto the red […]

Jul 15, 2016

Civil Litigation: Lessons learned from Deflategate

“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 of relevant evidence – specifically, destruction of a three-time Super Bowl MVP’s cell phone. The […]

Apr 15, 2016

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, gender, gender identity or expression, sexual orientation, disability or marital status” in employment, as well […]

Mar 18, 2016

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 regular basis. His point is that if you spend $4 on an oil filter to […]

Mar 2, 2016

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, who represents a 2-year-old girl’s parents who say her personality has changed since ingesting the […]

Nov 14, 2015

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 her friend/brother/parent/cousin’s co-worker who got divorced and told her all about their experience. The new […]

Sep 19, 2015

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 an entity and workers whom it does not directly employ if the entity shared or […]

Jul 17, 2015

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 Barbara Jaffe held that an asbestos or other toxic tort plaintiff must quantify their exposure […]

May 15, 2015

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 of lawyers adhering to ethical and other professional standards. This article reviews a few schools […]

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