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 plaintiff was able to...
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. This sort of bad...
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 asserting fraud in the...
The old adage “when you assume…” has particular significance for attorneys during litigation. In the recent decision in Iacovacci v. Brevet Holdings LLC, (Suffolk Supreme Index No. 158735/2016), assumptions and poor communications between an attorney and clients nearly cost the...
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 important because if...
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 federal court....
