When thinking about proving the bigger picture of liability on a motion for summary judgment, an experienced attorney knows that it is vital not to lose track of technical prerequisites to what is, after all, the request for ultimate relief without trial. Even when a summary judgment...
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Mechanic’s Liens and Construction Law in New York
Sep 28, 2023 | Insights
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...
Alleged Oral Agreement Survives Motion to Dismiss Premised Upon the Statute of Frauds
Aug 3, 2023 | Insights
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,...
Trade Secrets & Information Available in the Public Realm
Jul 19, 2023 | Insights
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....
Recent Successes in Out-Of-Court Arbitration Proceedings
Apr 28, 2023 | Insights
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...
Two Methods to Achieve Sanctions in Federal Court: Rule 11 & 28 USCA § 1927
Nov 10, 2022 | Insights
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...