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 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”)....

In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the trial and appellate courts are...

A recent decision from the Court of Appeals clarifying the standard to obtain non-party discovery, coupled with proposed new guidelines for obtaining electronically stored information (“ESI”) from non-parties in Commercial Division cases, provide the Commercial Division practitioner with an easier...

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 came...

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 summation will...