“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, ...

Tagged with: Civil Litigation David M. Tang

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 ...

Tagged with: Civil Litigation Debt collection Fair Debt Collection Practices Act Jillian Farrar

  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 ...

Tagged with: Civil Litigation Paul F. Keneally

  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 ...

Tagged with: Civil Litigation Margaret E. Somerset

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 ...

Tagged with: Civil Litigation

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 ...

Tagged with: Civil Litigation

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 ...

Tagged with: Civil Litigation

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 ...

Tagged with: Civil Litigation

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 ...

Tagged with: Civil Litigation

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 ...

Tagged with: Civil Litigation

“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, ...

Tagged with: Civil 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 ...

Tagged with: Civil Litigation