Entries tagged: commercial litigation

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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Abracadabra! Delaware Court Does Away with “Magic Words” for Valid Anti-Reliance Provisions

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Posted: February 19th, 2016

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Integration clauses typically state that an agreement is the entire and only agreement between parties, superseding any prior written or oral agreements.  Similarly, “anti-reliance” language provides that the only representations on which the parties relied in deciding to enter the contract are those within the contract itself.  Integration and anti-reliance clauses are commonly found in […]

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Attempt to Have Attorney Disqualified Denied by the Court in Corporate Valuation Case

By: Jeff Basso, Esq.

Posted: January 22nd, 2016

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What happens when an attorney represents a corporate entity in the formation of that entity and then represents one of the shareholders in a corporate dissolution proceeding?  Should the attorney be disqualified because of the knowledge he/she obtained while forming the corporation?  Will that attorney be considered a necessary witness?  The Commercial Division in Suffolk […]

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