In settling a Fair Labor Standards Act (“FLSA”) action, reaching an agreement between the parties has usually been just the first step. Before the parties file a stipulation of discontinuance under Federal Rule 41(a)(1)(A), the court or the Department of ...

Tagged with: Advocate's View

This past summer, the New York Legislature passed the Housing Stability and Tenant Protection Act of 2019 (TPA). The TPA became effective on June 14, 2019. The TPA made significant changes to Article 7 of the Real Property Actions & ...

Tagged with: Advocate's View Robert Yawman

Over the past year, the New York State Legislature has passed a flurry of new laws requiring employers to update their employment discrimination policies and provide additional training. The new requirements generally apply to all employers in the state with ...

Tagged with: Advocate's View Stacey E. Trien

With greater frequency, clients expect, request and sometimes insist that non-lawyers, such as public relations firms, participate in in the litigation process. Responding to and managing these client expectations requires that the attorney be well-versed in the ways in which ...

Tagged with: Advocate's View Mary Jo S. Korona

Rather than specify a dollar amount, state court plaintiffs may plead damages “in an amount to be determined at trial” or “in excess of the jurisdictional limits of all lower courts.” These statements do not establish an amount in controversy. ...

Tagged with: Advocate's View Jeremy M. Sher

New York’s Real Property Actions and Proceedings Law (RPAPL) authorizes courts to hear summary proceedings for the recovery of real property. Summary proceedings are often commenced by landlords seeking to evict defaulting tenants. By commencing a RPAPL summary proceeding, a ...

Tagged with: Advocate's View Robert P. Yawman III

Confidentiality clauses are routinely included in written settlement agreements, but are they always enforceable? Generally under CPLR 2014 CPLR 2014, entitled “Stipulations,” generally provides that agreements between parties or their attorneys are not binding unless they are in writing subscribed ...

Tagged with: Advocate's View Stacey E. Trien

The client was furious. While making a delivery, his employee of many years was involved in a trucking accident. No one was injured, and the accident did not cause third-party property damage. The driver had driven off the road over ...

Tagged with: Advocate's View Paul Leclair

Once of the benefits of being a business litigator is hindsight. We are presented with a problem, quite often in need of urgent attention, caused by someone else’s decision-making or draftsmanship. Unlike other types of litigation, success is often measured ...

Tagged with: Advocate's View Steven E. Cole

If a defendant is subject to general jurisdiction in New York, it may be sued in New York regardless of whether the plaintiff’s claims have anything to do with the defendant’s New York contacts. In a series of recent decisions, ...

Tagged with: Advocate's View Jeremy M. Sher

This situation is all too familiar: Your client knew her contract required her to procure insurance, but she assumed her existing insurance policy was fine and never provided the procurement clause to her insurance agent to add the extra coverage ...

Tagged with: Advocate's View Stacey E. Trien

What options does a commercial landlord have when a tenant stops paying rent and vacates the leased premises? As discussed below, landlords may commence an expedited court proceeding to dispossess a defaulting tenant and to recover past due rent. But, ...

Tagged with: Advocate's View Robert P. Yawman III