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Laurie A. Giordano

Aug 16, 2017

Advocate’s View: Assessing the transfer of risk and payments in personal injury and property damage claims

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, indemnification and procuring of insurance clauses within contracts. “Contribution is available where two or more […]

Feb 15, 2017

Advocate’s View: Facing the issuance of out of state trial subpoenas

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 for issuing a valid out-of-state subpoena. The presiding justices in the cases where I was […]

Feb 17, 2016

Advocate’s View: Advice to attorneys in preparation for a civil trial

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 client’s best case.  With reference to my own experience, as well as formal and informal […]

Oct 14, 2015

Advocate’s View: An update on non-recourse litigation loans

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 in early 2012, proposed bills concerning regulation of non-recourse litigation loans had not managed to […]

Jan 17, 2014

Advocate’s View: Part 2: Accommodations for smaller employers

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 and protections may be implicated, including an employer handbook or policies. Furthermore, New York Executive […]

Jan 15, 2014

Advocate’s View: A look at employee requests for leaves of absence

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 the employee and employer should be aware. This article focuses on various rights and obligations […]

Feb 21, 2013

Advocate’s View: Disclosure, interviews of corporate employee witnesses

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 other contact information. Corporate parties will often disclose employee names, but refuse to provide contact […]

Jan 17, 2013

Advocate’s View: Court recognizes MAOs right of recovery

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 contractual reimbursement rights under the Medicare Act, see Trezza v. Trezza, 2012 NY Slip Op […]

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