Entries tagged: commercial litigation

Intra-Firm Attorney-Client Privilege: Protection of Communications with In-House Counsel

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: May 16th, 2018

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Attorney-client privilege is a bit of a misnomer. The name itself fails to convey the full breadth of communications protected (or not protected) by the privilege, one of the oldest common-law evidentiary privileges. The privilege applies to communications made “for the purpose of facilitating the rendition of legal advice or services, in the course of […]

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Deficient Tortious Interference Claim Leads to Dismissal of Complaint

By: Jeff Basso, Esq.

Posted: May 16th, 2018

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One of the more common “business tort” causes of action we see in the world of commercial litigation is a claim for tortious interference with a contract. Often a competing company, knowing that its competitor has a contract with a certain customer or employees, will intentionally and improperly interfere with that contract by causing the […]

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Hiding and Seeking Information During Litigation: Disclosure of Information Contained in Private Social Media Accounts

By: Richard DeMaio, Esq.

Posted: April 20th, 2018

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Hide and seek. It’s a cute game when kids play, but what about in the context of a contentious litigation? The cute game transforms into a cutthroat endeavor to seek any information to sabotage the opposition’s case. Given the prevalence of social media (even Grandma has a Facebook account nowadays), the first point of attack […]

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The Continuing Evolution of Personal Jurisdiction in New York Over an Out-of-State Defendant

By: Jeff Basso, Esq.

Posted: December 12th, 2017

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One of the more challenging and ever-evolving issues that we continue to see is determining what is necessary to obtain personal jurisdiction in New York State over an individual or business that resides or does business out of state. If you are dealing with real property in New York, a tort that occurred in New […]

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Cybersecurity on Your Side: Nationwide Settles Data Breach Lawsuit Spanning 33 States

By: Jeff Basso, Esq.

Posted: October 27th, 2017

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It’s happening more and more these days: massive data breaches are affecting companies that people use on a regular basis for business or personal reasons.  Typically, hackers will infiltrate a company’s security system, exposing sensitive and personal information of that company’s customers.  Lawsuits then follow, typically in the form of a class action.  Back in […]

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Next Slide, Please: The Use of PowerPoints at Trial

By: Patrick McCormick, Esq.

Posted: April 26th, 2017

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    PowerPoint presentations have become a staple of law school classes, business presentations, and educational seminars – so it’s no surprise that they have also made their way into the courtroom.  But at what point does a PowerPoint cross the line from helpful to harmful?  The Court of Appeals recently addressed this question in […]

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Sanctions Issued Against Party for Spoliation of Evidence

By: Jeff Basso, Esq.

Posted: February 27th, 2017

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    A crucial issue for any business named in a lawsuit or that is on notice that it will be named in a lawsuit is the preservation of evidence, specifically electronically stored information (“ESI”).  Attorneys will typically send “litigation hold” letters to their own clients or opposing parties in litigation to ensure that all […]

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To Mediate or Not to Mediate

By: Scott Middleton, Esq.

Posted: January 27th, 2017

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Mediation can either be a great tool to move beyond an impasse or a colossal waste of time and money. Without the proper approach and preparation, the parties may be pushed further apart. In a recent mediation, my client was amenable to settling but the plaintiff, in the lead-up to the mediation, was less than […]

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Shifting the Costs of Discovery

By: Jeff Basso, Esq.

Posted: December 20th, 2016

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    Clients embroiled in litigation are often very concerned with the overwhelming costs of discovery, especially when document production can involve sorting through thousands upon thousands of emails and other electronically stored documents to respond to the opposing party’s requests.  Generally speaking, litigants are responsible for their own discovery costs in litigation.  However, certain […]

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Threatening to Withhold Commissions Can Render Non-Compete Agreement Unenforceable

By: Jeff Basso, Esq.

Posted: October 26th, 2016

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Courts are often called upon to interpret the enforceability of restrictive covenants—such as non-compete, non-solicitation, and non-disclosure clauses—contained in employment agreements.  The vast majority of the case law dealing with the enforceability of these clauses often focuses on whether the restrictions are reasonably limited in time and scope, whether they are necessary to protect the […]

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