Commercial Litigation and Dispute Resolution

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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Pre-Action Protocol for Defamation

by Summerfield Browne Solicitors June 24, 2017 Commercial Litigation and Dispute Resolution

Commercial litigation insight from Summerfield Browne Solicitors, based on law & procedure in England & Wales.  The Pre-Action Protocols are sets of rules and procedures that should be strictly adhered to in every litigation matter. In total, there are 13 different Pre-Action Protocols, not including the Practice Direction on Pre-Action Conduct & Protocols, these protocols […]

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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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Contract Terms Have Teeth

by ASchlossberg June 15, 2015 Commercial Law

Often parties to contracts want sympathy and their understanding of terms to impact on the interpretation of those terms by a judge when things go south. However, if the contract terms are clear, it doesn’t matter what one party’s understanding may or may not have been. In Moutopoulis v. 2075-2081 Wallace Ave. Owners Corp., 2015 […]

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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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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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Dispute resolution – check your contract before rushing to a solicitor

by Wright Hassall July 24, 2014 Commercial Litigation and Dispute Resolution

Well drafted contracts usually contain a clause setting out how the parties should deal with disputes. These can be complex clauses requiring several hoops to be jumped through before anyone can issue a claim at court.  They are intended to allow the parties to deal with the dispute well before heavy legal costs are incurred. […]

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Has Social Media Made The Litigation World A Smaller Place?

by Vannin Capital April 1, 2014 Commercial Litigation and Dispute Resolution

Instant global communication and easy access to vast sources of potential evidence: such are the two main tools that social media offers to the world of litigation. Thus, simultaneously social media has both shrunk and enlarged the litigation world. Taking Facebook, Twitter and LinkedIn as the largest social media platforms, the statistics speak for themselves. […]

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Sandusky Victims $60 Million Settlement Highlights Leverage Provided by Expert Witnesses in Sexual Abuse Lawsuits

by theexpertinstitute October 31, 2013 Commercial Litigation and Dispute Resolution

Pennsylvania State University announced on Monday that they will pay an aggregate of $59.7 million to settle claims from 26 victims of sexual abuse. The university’s former assistant football coach, Jerry Sandusky, was unanimously found guilty of 45 criminal counts relating to the sexual abuse he inflicted upon eight young boys he met at The […]

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Know When to Settle and When to Go to Trial

by Theodore Spaulding October 4, 2013 Blawg

As an Atlanta attorney trying complex business matters throughout metro-Atlanta, I found a 2008 study finding that settling a case is better than going to trial in most instances rings just as true today as it did five years ago.  The New York Times article outlining the study indicates that “lawyers and clients in civil […]

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Most Common Contractual Disputes

by Best Solicitors August 26, 2013 Commercial Litigation and Dispute Resolution

Contract Law is one of the biggest areas of law and penetrates all aspects of our lives –from commercial dealings and employment law, to credit agreements and consumer purchases. The formation of a contract is always the same – an offer is made, then once an agreement is reached the acceptance takes place, consideration is […]

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U.S. Consumer Bureau Plans to Crackdown on Abusive Debt Collectors

by Adam J Krohn July 18, 2013 Blawging

(First published at  http://www.westopdebtcollectors.com/blog/us-consumer-bureau-plans-to-crackdown-on-abusive-debt-collectors.html) There are more than 4,500 collection firms in the United States.  While many debt collectors follow the rules laid out under the Fair Debt Collection Practices Act (FDCPA), there are others who do not because they did not fall under the FDCPA’s jurisdiction.  Debt collection complaints are common, with more complaints […]

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What Is The Impact Of The Association Of Litigation Funders’ Code Of Conduct?

by Vannin Capital June 27, 2013 Commercial Litigation and Dispute Resolution

As a relatively new but fast-expanding industry, third party litigation funding has not always been regarded as the most ethical of legal-financial activities.  A nine hundred year legacy of being illegal, because of champerty and maintenance constraints on third parties financing others’ litigation, is not easy to shed. Even after the Jackson Report of 2010 […]

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What Consumers Should Know About Credit Cards

by Adam J Krohn June 13, 2013 Banking

(US law and generally) Credit cards can be very useful if used correctly.  However, if they are not, they can get you into a world of trouble.  On average, an US household holds about $16,000 in credit card debt.  Due to the economy, more and more debt collectors have been retained by these credit card […]

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Debt Collection in Germany: A Practical Guide

by Schmeilzl April 17, 2013 Commercial Litigation and Dispute Resolution

So a German person or company owes you money. And you find that German courts have jurisdiction. Well, that may seem unfortunate but it is no reason at all to abandon your claim. In fact, to sue for and collect a debt in Germany is easier and cheaper than you might expect, especially if you […]

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Will the recent scandal involving HP result in a class-action?

by minttwist November 26, 2012 Commercial Litigation and Dispute Resolution
HP Autonomy fraud

The multinational IT technology manufacturer Hewlett-Packard seems to be under the spotlight due to irregularities in its balance sheets. The company, whose profits have decreased continually, accused Autonomy, an enterprise software company that HP acquired in 2011, of inflating its balance statements. HP claim this has forced them to write off $8bn from their accounts, […]

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Dispute Resolution: Keeping Your General Contractor On Point

by cbennett September 25, 2012 Commercial Litigation and Dispute Resolution

Construction projects can take long periods of time and an excess amount of money to complete, but property owners are often willing to risk this in order to get their property to the level that they want. General contractors usually provide these services under contract with the property owner. Unfortunately, these projects do not always […]

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How to stop Rampant Wall Street Fraud…

by lawsherm September 17, 2012 Banking and Finance Law

Rampant Securities Fraud – Why it Exists; How to Stop It… Life is about playing by rules. Sometimes we make a pact to voluntarily follow a set of rules – like when we play golf or tennis or darts or ping pong. Other times we are requited to obey a rule regardless of whether following […]

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Business Contract Disputes: Know When to Call a Lawyer

by Karla Somers July 29, 2012 Commercial Litigation and Dispute Resolution

Business contracts provide a form of private law by which various parties must abide. These contracts represent an understanding between two parties on the duties and responsibilities that they are to carry out. In a perfect world, business entities would respect contracts and fulfill their obligations. In the real business world, this does not happen. […]

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Interest on Legal Costs

by CarlisleLegalCosting March 22, 2012 Accident Claims Law

Instructing a lawyer is expensive. Losing a legal case is even more expensive. Not only do you have to pay your own solicitor, but normally you have to pay your opponents costs. In addition, interest is payable on those costs at a base rate of 8%. The law has been in a state of flux […]

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