Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Advocate’s View

Advocate’s View: Second Circuit gives FLSA litigants a shortcut to settlement approval

av_sher

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 ...

Read More »

Advocate’s View: Update your sexual harassment policy and training to comply with new state employment laws

stacey-trien-e1479513141640

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 ...

Read More »

Advocate’s View: The limits of the attorney-client privilege and the work product doctrine — the consequences of sharing otherwise privileged communications with outsiders

Mary Jo Korona

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 ...

Read More »

Advocate’s View: Obtaining a money judgment in a summary eviction proceeding

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 ...

Read More »

Advocate’s View: Confidential settlement agreements: enforceability under the CPLR and new laws pertaining to settlement of sexual harassment claims

stacey-trien-e1479513141640

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 ...

Read More »

Advocate’s View: Predicting success in protecting trade secrets –an analysis of four factors

Steven E. Cole

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 ...

Read More »

Advocate’s View: When contract requires you to procure insurance, having the right policy is key

stacey-trien-e1479513141640

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 ...

Read More »