Direct versus derivative claims are often confusing, even for seasoned attorneys, and the wrong claim can get an entire case dismissed. How to decide if the plaintiff in a claim for fiduciary duty or conversion should be the company itself, or an owner/shareholder....
In light of the broad allowances of discovery requests under New York law, litigation can be an extremely frustrating experience for clients who sometimes ask, “Why is that relevant?” “Why does the other side even want that?” “Those emails weren’t important...
Money isn’t everything, even when it’s a lot of money. In the recent case The Research Foundation for the State University of New York, v. Inpria Corporation & JSR Corporation, 2024 WL 1345511 (N.D.N.Y. Mar. 29, 2024), despite hundreds of millions of dollars...
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...
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...
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...
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.,...
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...
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...
