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Tag Archives: Civil Litigation

Civil Litigation: When is a deal a deal?

Thomas Knab

A construction company submitted a bid to serve as the general contractor for a public/private historic redevelopment project. After being told by the developer that it was the successful bidder, over the next several months the construction company participated in ...

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Civil Litigation: Avoiding accounting malpractice

David Fitch

I was recently consulted by the former client of a certified public accountant. The client, who I’ll call “Ms. Smith,” hired the accountant to manage all financial aspects of her business. This included providing payroll services and preparing and filing ...

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Civil Litigation: New proposed rules for the Fair Debt Collection Practices Act could mean big changes for debt collectors and consumers

Jillian K. Farra

Last week the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Practices Act (FDCPA). These proposed changes could have a dramatic effect on attorneys representing consumers and debt collectors. The FDCPA ...

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Civil Litigation: House of frauds

The rule requiring many contracts to be in writing and signed by the party sought to be bound in order to be enforceable is called the “Statute of Frauds.” As everyone who has searched Wikipedia knows, that term comes from ...

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Civil Litigation: Representing a corporation: who is the client?

Colin Ramsey

In theory, the attorney-client privilege is pretty straightforward. A client retains an attorney, and thereafter that relationship is imbued with certain rights and benefits. These benefits include an expectation of confidential communications between attorney and client, as well as a ...

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Civil Litigation: Recent Supreme Court decisions affecting the labor and employment practice area

Alina Nadir

The Supreme Court recently handed down some significant decisions in the labor and employment field. These decisions represent a trend of pro-employer decisions from the Court. Union Agency Fees: Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018) In ...

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Civil Litigation: Second Circuit holds that sexual orientation discrimination is sex discrimination under Title VII

On Feb. 26, 2018, the U.S. Court of Appeals for the Second Circuit overruled its own precedent and became only the second Court of Appeals in the nation to extend Title VII protection to gay workers. Zarda v. Altitude Express, ...

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Civil Litigation: Changes in New York State law protect minors from child marriage

Leah E. Tarantino

Under new legislation effective July 20, 2017, New York State has taken steps to protect children under age 18 from being subjected to child marriage against their will. Under Federal Law, the U. S. State Department defines child marriage as ...

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Civil Litigation: Clearly defining the scope of representation—reducing malpractice risk through the engagement letter

A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement letter. On Sept. 12, Judge William H. Pauley III denied Seward & Kissel, LLP’s Motion to Dismiss the $10 ...

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