When employees speak to in-house counsel, it is often assumed that the information is protected by the attorney-client privilege. However, as demonstrated in a recent decision in a New York federal district court, not all communications between in-house counsel and...
Why You Should Be Careful Signing a Release of Claims
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...
Lessons From Shoehorned Federal Court Jurisdiction
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...
“All For One and One For All” – Application of Joint Privilege
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...
Attorneys and Litigants Beware – Making Assumptions Can Ruin Your Case and Get You Held in Contempt
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...
Text Messages Can Establish a Valid Contract
They say, “No good deed goes unpunished,” but with the right lawyer, you may get rewarded after all. While it is not a good idea to do work for someone without a written contract, sometimes you can still prevail in a lawsuit as demonstrated in a recent case. Our firm...
Waiving the Right to Terminate a Contract
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....
Unreasonable Reliance is Fatal to a Fraud Claim
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...
Why You Should Not Transfer Your Home to Your Children Without Legal Advice
Many seniors consider transferring their home to their children while they are still alive. They may fear losing the home if they need Medicaid or for other reasons so they give it to a family member with the view that they will remain in the house for the remainder...