Recently in WSP USA Corp. v. Marinello, 13-CIV-4591 (PKC), 2013 WL 6704885 (S.D.N.Y. Dec. 19, 2013), the U.S. District Court for the Southern District of New York analyzed whether a broad separation agreement and release executed upon an employee’s voluntary departure from his employment will bar...

In a must-read decision centered upon the tragic death of two individuals during the May 2008 crane collapse in New York City, the First Department’s opinion in Matter of 91st St. Crane Collapse Litigation, 154 A.D.3d 139 (1st Dep’t 2017) analyzes not only the liability and damages aspects of two...

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...