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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