lawyer

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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Transfer on Death Deed Under the Texas Real Property Transfer on Death Act.

by Friscowill August 19, 2015 Estate Planning

The Texas Real Property Transfer on Death Act, found under Chapter 114 of the Texas Estate Code, provides that after September 1st, 2015 the State of Texas will recognize a deed which transfers property upon the death of an individual. This opens new possibilities to Estate Planning which allows an individual to create a deed […]

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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category of products. Yo-yo, Escalator, and […]

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Depositions: A New Direction for New York

by ASchlossberg February 9, 2015 Administrative Law

Depositions: A New Direction for New York New York is making a significant change on the deposition front. A new deposition rule for the New York Commercial Division is on the horizon. Effective April 1, 2015, under Administrative Order 336a/14, New York courts will enact Rule 11-d of Section 202.70(g) per a December 22, 2014 […]

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Is too much cash locked up in the WIP in your business ?

by ihunnings July 10, 2014 Law firm management

Is too much cash locked up in the WIP in your business ? OK, so you’re running a business. There are so many things to focus on : marketing, sales, making the product or service, getting in your resources to make/deliver it, billing, for some service firms such as lawyers and accountants building up the […]

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The Job Of A Criminal Defense Lawyer: Beyond What Hollywood Shows

by Legal Author January 16, 2014 Criminal Law

For many people, the role of a criminal defense lawyer is the stuff of Hollywood. Shows like Law and Order or CSI and movies like The Devil’s Advocate love to portray defense lawyers as being unscrupulous, able to find loopholes at the last minute to free their client or having a vendetta against the prosecution. […]

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The Court of Protection – Open to the public?

by EdwardHandsandLewis October 24, 2013 Blawg

The new president of the Family Division courts has echoed previous plans to make the Court of Protection open to the public. The plans have been talked about for some time now, and it was reported yesterday that the new president Sir James Munby agreed with the plans. The Court of Protection makes important decisions […]

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The Most Infamous Criminal Lawyers

by RyanD October 2, 2013 Criminal Law

Under the American justice system, all are considered to be innocent until proven guilty and entitled to legal representation. Lawyers serve in the role of advocate on behalf of the interests of their clients. This is the case regardless of whether the person is actually innocent or guilty. The interest of the law, at least […]

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Does Diabetes Qualify for Disability Benefits?

by mmauer August 9, 2013 Health Law

Does Diabetes Qualify for Disability Benefits?   (US law and policy) If you are living with Diabetes (Type I or Type II) You may be eligible to receive financial aid from the Social Security Administration. If you have been diagnosed with Diabetes, you are likely struggling with the disease.  Fortunately, the government provides disability benefits […]

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A Narration about Types of Lawyers

by Lilly May 24, 2013 Law

In order to maintain rules and regulations in the country, the government of the country designs a set of orders which are basically needed to follow by all the citizens of the country which helps to maintain peace and justice in the country. That written rules by the government is called as law and order. […]

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Can a Beard Spoil a Promising Legal Career?

by Lilly March 27, 2013 Lawyers

The job of a lawyer is all about trustworthiness, or at least looking trustworthy, so appearance is not a factor to be neglected. A sector where hundreds compete for any well-paying job, making the first impression can be absolutely crucial. So what about the beard? Is it going to hold you back? Should you just […]

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The Benefits of Hiring an Auto Accident Attorney

by hastypope March 20, 2013 Car Accidents

When it comes to the unfortunate circumstances of being involved in an auto accident, there are many things you should be aware of and consider. The one thing that should not be left with any consideration however is whether or not you should seek out the legal services of a professional auto accident attorney. Leave […]

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What Happens If A Florida Parent Dies Without A Will?

by Legal Author March 1, 2013 Wills

Don’t Leave Your Child’s Future in the Hands of the State (Guest author Jessica Velasco works for a Clearwater probate lawyer.) Writing your will probably isn’t something you think about on a daily basis.  But if you don’t have a will, you should be thinking about it.  One you are gone, you are free from […]

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Law Office Design: Furnishing Your Workspace

by Lilly January 30, 2013 Business

Establishing a new legal office is an exciting project that can truly shape the public image of your practice and shape the nature of your relationship with your clients.  Whether your legal firm has a large budget for remodeling and design, or if you are a smaller firm that wants to have a more targeted […]

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Don’t Get Divorced Without Representation

by Scott Morgan January 30, 2013 Divorce

When people learn that their spouse wants a divorce they often will choose not to get their own lawyer. This is often true even after they have been served with a formal court papers. For some this decision is because they feel guilty about their conduct during the marriage, for others it is out of […]

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The Fallout From Hip Replacement Recalls

by gclatworthy January 12, 2013 Compensation Lawyers

[US law and general] In the past year, the failure of various hip replacement components has become one of the most major medical and legal concerns for orthopedic professionals and lawyers alike. For example, metal on metal implants are known to corrode and cause toxins to be released into the body, causing a great deal […]

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How to Win Your Criminal Trial

by RyanD January 11, 2013 Criminal Defence Lawyers

When faced with criminal charges, many defendants worry that they do not stand a chance of winning their case. With careful preparation and planning, however, and a great criminal defense lawyer, defendants can arm themselves with some of the most important tools necessary to win a criminal trial. Understanding Criminal Trials The standard of proof […]

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Disability Denial: Our Family’s Story

by RyanD December 5, 2012 Disability Discrimination

I still remember the day my husband came home from work with exciting news. He had been offered a promotion. He hadn’t hesitated to accept the offer of more money than he’d ever made before. It wasn’t even hard work, he said. The last three guys had quit because of the stink, he said. But […]

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The LSC pledges to cut the number of civil legal aid bills being incorrectly rejected

by duncan12 November 29, 2012 Law

The Legal Services Commission (LSC) has assured that it would find ways of cutting down on the number of civil legal aid bills that are incorrectly rejected. The commission is going to work along with The Law Society, The Legal Aid Practitioners Group (LAPG) and family lawyers group Resolution, to examine how it could help […]

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Metro Bus Collision Sends Eight To Hospital

by Bisnar Chase September 11, 2012 Car Accidents

September 11, 2012—Los Angeles, CA—ABC news reports that a bus collision with a vehicle resulted in eight people being injured and taken to area hospitals. The accident happened on Sunday when a bus was traveling west on Venice Boulevard and a car made a turn into its path.  The accident occurred around 6:30 a.m. near […]

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A Quick Guide to 10 Basic Types of Lawyers and Their Roles

by Legal Author August 14, 2012 Guest legal blogging

The following is a guest law blog post outlining some of the most common types of lawyers. outlining the If you need a lawyer then chances are that you will have a specific situation which you need help with. Few of us want to find a lawyer and then think about what we are going […]

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