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Hacking Privileged Communications Warrants Striking Answer

by ASchlossberg December 1, 2017 Blawg

The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole privileged and confidential e-mails.”  Plaintiffs alleged that their Chairman and Managing Director discovered that all of the emails in his account had been forwarded […]

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Insurance Coverage Can Not be Created by Untimely Disclaimer

by ASchlossberg November 2, 2017 Blawg

In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff moved for summary judgment.  Defendants opposed the motion by asserting that plaintiff failed to timely disclaim coverage for the accident.  At the time of the […]

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Labor Law Claims Dismissed Based On Proximate Cause

by ASchlossberg October 20, 2017 Blawg

The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell from a scaffold while working on a construction site.  Plaintiff asserted a cause of action for common law negligence and a number of labor […]

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Defendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply with Discovery Demands

by ASchlossberg September 5, 2017 Blawg

As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable demands to produce records and information that are necessary and relevant to the action.  Indeed the frequent reluctance of judges to punish parties for […]

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To Partner or Not to Partner

by ASchlossberg July 20, 2017 Blawg

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there was no written agreement, the court was compelled to consider extraneous factors — the parties’ intent, whether there was joint control and management […]

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What Fraud Victims Should Know About Class and Group Actions

by icpc March 4, 2016 Business Law

Victims of fraud often ask us whether they should proceed by way of their own private action, a group action or a class action. The issue often comes down to a question of economics (both for the fraud victims and the law firm being asked to represent them) and litigation strategy. This blog post provides […]

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How to Protect your Ideas with a Non-Disclosure Agreement (NDA)

by Kristina.Jay November 26, 2015 Business Law

As the old saying goes, ideas are as free as the wind, but that doesn’t mean that once you’ve got a brilliant one you’ll just have to go about making it happen without any means of guarding it in the meantime. Just like copyrighting can protect the expression of an idea and patents are meant […]

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Changes affecting Insolvency Practitioners and Directors

by Stephen Downie October 16, 2015 Business Law

Regulations have introduced the key provisions of the Small Business, Enterprise and Employment Act 2015 (“the Act”) as regards its affect on Directors and Insolvency Practitioners.  This introduces very important changes which will have a considerable impact on Directors and the position of Insolvency Practitioners acting as Administrators or Liquidators. The key changes are addressed below. 1.  Insolvency Practitioners – a […]

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The Rising Tide of Settlement

by ASchlossberg July 2, 2015 Business Law

Two recent New York settlements of $17 million and $6.5 million were made prior to litigation. New York City Comptroller Scott M. Stringer would like to lighten the docket. Stringer’s plan could decrease costs and aid in reallocating funds to other ventures. Pre-litigation dispute resolution often benefits all parties involved, minimizing time and cost expenditures […]

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To Contract or Not to Contract

by ASchlossberg May 28, 2015 Business Law

With society rapidly advancing and contract law constantly developing, the simple act of reducing agreements to writing is as significant now as ever. Especially when tens of millions of dollars are on the line. In Power Restoration Int’l, Inc. v. PepsiCo, Inc., 2015 U.S. Dist. LEXIS 32415 (E.D. Pa. 2015), Power Restoration alleged that Pepsico […]

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