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The At-Issue Doctrine & Waiver of Ancillary Privilege

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...

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Theft of Trade Secrets and The Computer Fraud & Abuse Act

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”)....

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Court Supervision of a Dissolved Corporation Pursuant to BCL 1008

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...

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Slamming the Door on Defenses to Disbursement of Counterfeit Funds

In February 2011 we reviewed JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In Pinzler, the defendant attorney was found liable to the plaintiff bank for disbursing funds to a client that was drawn on a...

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