Litigation Holds and Preservation of ESI in Light of VOOM HD Holdings, LLC

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

 

In commercial litigation cases, issuing a litigation hold to preserve electronically stored information (ESI) is paramount once a party reasonably anticipates that litigation may ensue, which may be well before litigation […]

The Latest Word From the Court of Appeals on the Scope of Duty Owed by a Realtor to a Seller

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In our June 2009 column entitled Caveat Broker: Avoiding Unenforceable Agreements to Agree, we reviewed the prerequisites to a viable and enforceable brokerage commission agreement. This month we explore the […]

Aviation Related Themes in Breach of Contract Cases

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

This month we review two recent decisions concerning commercial issues which touch the aviation industry.  In Wells Fargo Bank Northwest, N.A. v. U.S. Airways, Inc., 2012 WL 3288834 (1st Dep’t […]

Further Refining Unjust Enrichment Claims

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at lkb@barnespc.com

 

Approximately a year and a half after issuing Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173 (2011), the New York Court of Appeals has revisited the pleading requirements for unjust […]

Task Force Report & Recommendations for the Commercial Division

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In late June 2012, Chief Judge Jonathan Lippman’s Task Force on Commercial Litigation released its Report and Recommendations for the Commercial Division,[1] the culmination of the Task Force’s six-month exploration […]

Amendments to FRCP 56(c) Concerning the Authentication of Documents on Summary Judgment Motions

By Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at lkb@barnespc.com

 

New York courts mandate that the movant on a summary judgment motion authenticate exhibits or be subject to denial.  Thus, it is prudent that counsel devote sufficient time and energy […]

A PRIMER ON INJUNCTIONS

 By: Leo K. Barnes Jr.[i]

            The provisional remedies found a cornerstone of practice in the Commercial Division.  This month we review the basic elements of the most commonly sought provisional remedy, the preliminary injunction.

            It is well settled that an Article 63 preliminary injunction is not a mechanism for determining the ultimate […]

Lawrence v. Kennedy — Lessons for the Unwary

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at lkb@barnespc.com

 

In Lawrence v. Kennedy, — N.Y.S.2d —-, 2011 WL 5107234, 2011 N.Y. Slip Op. 21377 (Nassau Sup. Ct. 2011), plaintiff Lawrence S. Lawrence, a New York attorney, moved for summary judgment […]

SLAMMING THE DOOR ON DEFENSES TO DISBURSEMENT OF COUNTERFEIT FUNDS

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In February 2011 we reviewed JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In Pinzler, the defendant […]

Counsel’s Liability for Disbursement of Counterfeit Funds Part 2

Correctly maintaining attorney trust accounts and disbursing client funds are riddled with pitfalls that every attorney must be mindful of.  Once example was discussed in the February 2011 column, which reviewed the case of JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In […]