In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented.  Although the result is severe, both the trial and appellate...

Partnership breakups are characterized by counsel as business divorces for a good reason – the venom that permeates some of the cases is largely unrivaled (excepting, of course, matrimonial practice).  A hurdle arises when irrelevant anger is included in a pleading and counsel is compelled to...

Recently in WSP USA Corp. v. Marinello, 13-CIV-4591 (PKC), 2013 WL 6704885 (S.D.N.Y. Dec. 19, 2013), the U.S. District Court for the Southern District of New York analyzed whether a broad separation agreement and release executed upon an employee’s voluntary departure from his employment will bar...

With the New Year well underway, one resolution a litigator may have is to increase her active case load.  But as we warn our children to “be careful what you wish for…”, a wise attorney knows that the maxim has a place in private practice, not just grammar school.  What if your wish...

The Uniform Commercial Code’s section regarding Risk of Loss is a great example of why counsel’s periodic review of a client’s day-to-day operations may prove to be an excellent investment in light of the serious ramifications which can bind clients in seemingly benign transactions.  Assume...

Many trial attorneys prepare summations before voir dire or opening statements because an effective summation will have a nexus with voir dire and opening statements such positions can be taken with the jury or judge premised upon what the admissible evidence will show.  Although the...