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Tag Archives: Trials and Tribulations

Trials and Tribulations: Will there ever be an answer to the meaning of the Emoluments Clauses in the U.S. Constitution?

tt_wolford

When Donald Trump was elected president in November 2016, voices were raised as to whether he would be in violation of the Emoluments Clauses in view of his significant financial interests in hotels, restaurants and other business entities that were ...

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Trials and Tribulations: Child Victims Act lawsuits reject pre-action discovery, but allow jurisdiction over alleged perpetrator

Laura Myers

Two recent New York State Supreme Court cases have already begun to address the many uncertainties that will need to be resolved when the Child Victims Act officially goes into effect on Aug. 14, 2019. The first lawsuit, titled Estate ...

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Trials and Tribulations: Ethically Obtaining and Authenticating Images Taken from Social Media

T&T_GLEASON

In the context of personal injury cases, social media can be a blessing for the defense and a curse to an unwitting plaintiff. Prior to the age of social media, a defendant seeking to undermine a plaintiff’s claimed injuries would ...

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Trials and Tribulations: A clarification of the CPLR saves Medtronic defendants millions, for now

mary-shepard-feature

As litigators in New York State Court practice, we tend to think that nearly every order is appealable. In Braun v. Cesareo, Medtronic, Inc., and Medtronic USA, Inc., 2019 N.Y. Slip Op. 01962 (4th Dep’t 2019), the Appellate Division, Fourth ...

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Trials and Tribulations: New York State’s Certified Minority and Woman-Owned Business Enterprise (MWBE) Program

laura-myers

New York State has certified thousands of minority- and women-owned business enterprises (MWBEs) since the certification program began in 1988. The major benefits for New York businesses that become certified as minority- or women-owned are contract opportunities with various state ...

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Trials and Tribulations: Mediation: the alternative dispute resolution that every party should consider

Laura Myers

While most lawyers agree there are both benefits and potential pitfalls to certain types of alternative dispute resolution (ADR) such as arbitration, most would argue there is really no downside to engaging in mediation at the outset of a lawsuit. ...

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Trials and Tribulations: Deadline nears for employers to comply with new NYS sexual harassment laws

T&T_GLEASON

 The 2019 New York State budget signed by Gov. Andrew Cuomo included new and enhanced sexual harassment laws, which have been extolled as the nation’s strongest. It is incumbent upon every employer to become familiar with the requirements under the ...

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