Entries tagged: commercial litigation

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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Goodwill in Partnership Valuations

By: Jeff Basso, Esq.

Posted: August 23rd, 2016

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    Should “goodwill” be a component in in determining the value of a partnership?  The Commercial Division in Albany County recently tackled this issue in the case of Romanoff v. Center for Rheumatology, LLP, et al. (J. Platkin).  The Center for Rheumatology is a medical practice founded in the 1980s and plaintiff Norman Romanoff, […]

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New York Court of Appeals Refuses to Extend Exception to the Attorney-Client Privilege

By: Jeff Basso, Esq.

Posted: June 22nd, 2016

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  Whether documents or communications are subject to the attorney-client privilege (and thus not subject to disclosure) is a frequently litigated issue.  Given the various factual scenarios that can affect what is or isn’t protected, such matters often require judicial interpretation. Generally speaking, once someone shares a privileged communication with a third party, the privilege […]

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Court of Appeals Ponders “Extreme and Outrageous” Conduct

By: Patrick McCormick, Esq.

Posted: June 13th, 2016

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If it isn’t extreme and outrageous to film a trauma patient’s last minutes alive, the pronouncement of his death, and the family notification, then broadcast those intimate moments on national television in the name of entertainment, all without consent – then what is? A recent decision from the New York State Court of Appeals leaves […]

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