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...

In the modern world, computers have revolutionized the way business is conducted, but such technological innovation inevitably led to novel methods of conducting crime and civil torts.  In 1986, to protect the public from such crime, Congress enacted The Computer Fraud and Abuse Act (“CFAA”)....

Dissolution of a domestic corporation can be achieved by the shareholders on consent, via judicial Order pursuant to Business Corporation Law § 1104-a, or in accordance with Tax Law § 203-a when the New York Secretary of State effectuates a dissolution by proclamation, and annuls the corporation’s...