As seen in the New York Law Journal The COVID-related increase in the number of employees working remotely has created an unexpected consequence: heightened risk of cyberattacks as employees are logging on to office networks through personal computers which may not be...

When employees speak to in-house counsel, it is often assumed that the information is protected by the attorney-client privilege. However, as demonstrated in a recent decision in a New York federal district court, not all communications between in-house counsel and...

When preparing a legal opinion which could apply to more than one entity with a joint interest, a good phrase for attorneys to keep in mind is “All for one, and one for all!”  In a recent decision from the New York Supreme Court in a billion-dollar case, a...

Waiver is the relinquishment of a known right. Sometimes waiver is explicit. Sometimes, however, waiver results from a party sitting on a breach of contract for years and not treating it as a deal-breaker until it is looking for an excuse to terminate that contract....

When parties are ending a business arrangement, it is common for one side to be asked to sign a release of all present and future claims against the other party. Such releases are contracts and challenging them is always an uphill battle, even where a party is...

When a plaintiff sues for fraud, New York’s Civil Practice Law and Rules (CPLR) requires that the complaint provide sufficient facts to support the claim. CPLR § 3016(b) states that  “the circumstances constituting the wrong shall be stated in detail.” This is...

Sometimes it’s best not to make a federal case out of it.  This is the lesson from the recent decision in Nanobeak Biotech Inc. v. Barbera, 2021 WL 1393457 (S.D.N.Y. Apr. 13, 2021), involving a plaintiff corporation that tried but failed to get its lawsuit into...