In construction disputes or other personal injury or property damage matters, counsel is often asked if the payment of alleged damages can be passed along to another entity or person. The typical legal avenues for passing along risk are contribution, ...

Tagged with: Advocate's View Laurie A. Giordano

Two times during my career, I have witnessed opposing counsel issue traditional judicial trial subpoenas in a New York State Supreme Court proceeding outside New York state. The opposing attorneys did not avail themselves of the possible procedural avenues available ...

Tagged with: Advocate's View Laurie A. Giordano subpoena

Benjamin Franklin once said that “[b]y failing to prepare, you are preparing to fail.”  While the saying is drastic, it is well recognized that in the context of preparing for a civil jury trial preparation is crucial to presenting a ...

Tagged with: Laurie A. Giordano

It has been three-and-a-half years since the publication of our last article on non-recourse litigation loans, which summarized the then-relevant legal and ethical implications of such loans when made to personal injury plaintiffs. At the time of the article’s publication ...

Tagged with: Advocate's View Laurie A. Giordano

This is part 2 of a 2-part column. The first part was published in Thursday’s edition. Smaller employers not covered by the Family and Medical Leave Act are not required to provide the same protected unpaid leave. However, other statutes ...

Tagged with: Advocate's View Laurie A. Giordano

This is part 1 of a 2-part column. The second part will be published in Friday’s edition. Employee requests for medical leaves of absence or accommodations to perform essential functions of a position often raise various issues of which both ...

Tagged with: Advocate's View Laurie A. Giordano

CPLR 3101 requires the “full disclosure of all matter material and necessary in the prosecution or defense of an action.” Standard discovery demands almost always include a demand for the identification of witnesses and disclosure of the witnesses’ address or ...

Tagged with: Advocate's View Laurie A. Giordano

On Dec. 26, 2012, the Appellate Division, Second Department issued a decision holding that New York General Obligations Law (NY GOL) §5-335, insofar as it applied to Medicare Advantage Organizations (MAOs), was preempted by federal law since it would constrain ...

Tagged with: Advocate's View Laurie A. Giordano