In the gameshow “The Price Is Right,” if a contestant bids over the price of the item, they lose the whole game.  Mechanic’s liens have a similar restriction – if a contractor or subcontractor claims the value of their work is higher than it is, then the owner can bring an action to...

In the recent case of Bardy v. Bonnem, the Court was disinclined to extinguish any avenue of relief for a plaintiff where a slippery defendant was trying, after-the-fact, to characterize services as a volunteer job.  Plaintiff produced an email memorandum of an agreement,...

When does information which is readily available in the public realm still constitute a trade secret?  A business looking to protect its trade secret customer lists would be wise to follow the guidance of the recent case of loanDepot.com, LLC v. CrossCountry Mortg., LLC, No. 22 CIV....

Arbitration is a form of private dispute resolution which is often governed by a private organization that maintains lists of available arbitrators and provides rules under which the arbitration will be conducted.  Typically, arbitration is the result of a pre-dispute contract...

Courts are notoriously hesitant to award sanctions on counsel, so it is worthwhile to pay close attention when they do.  Further, it is important to note that the discretion of the Court can lead to a wide range of results.  Two recent cases out of the Western District of New...

Many Judges are reluctant to punish delinquent discovery.  To many prosecuting attorneys, it can be a frustrating experience – sending out demands, then follow-up letters, arranging for meet-and-confers, and finally, motion practice that ends with the other side getting a further...