The old adage “when you assume…” has particular significance for attorneys during litigation. In the recent decision in Iacovacci v. Brevet Holdings LLC, (Suffolk Supreme Index No. 158735/2016), assumptions and poor communications between an attorney and clients...
Unreasonable Reliance is Fatal to a Fraud Claim
When a plaintiff sues for fraud, New York’s Civil Practice Law and Rules (CPLR) requires that the complaint provide sufficient facts to support the claim. CPLR § 3016(b) states that “the circumstances constituting the wrong shall be stated in detail.” This is...
Lessons From Shoehorned Federal Court Jurisdiction
Sometimes it’s best not to make a federal case out of it. This is the lesson from the recent decision in Nanobeak Biotech Inc. v. Barbera, 2021 WL 1393457 (S.D.N.Y. Apr. 13, 2021), involving a plaintiff corporation that tried but failed to get its lawsuit into...
Text Messages Can Establish a Valid Contract
They say, “No good deed goes unpunished,” but with the right lawyer, you may get rewarded after all. While it is not a good idea to do work for someone without a written contract, sometimes you can still prevail in a lawsuit as demonstrated in a recent case. Our firm...
Why You Should Not Transfer Your Home to Your Children Without Legal Advice
Many seniors consider transferring their home to their children while they are still alive. They may fear losing the home if they need Medicaid or for other reasons so they give it to a family member with the view that they will remain in the house for the remainder...
What to Do If You Are Victimized By a Wire Transfer Fraud
These facts are amazingly common. Bob Buyer is purchasing a home and hires an attorney to prepare the contract of sale, review title and confirm no building violations exist. A few days before closing, Bob Buyer receives an email from his attorney’s verified email...
What Legal Grounds Do You Have to Recover Damages for Corporate Espionage?
You hire an employee that used to work for a competitor only to find out too late that the employee is a spy stealing your business secrets to give to his “former” boss. Corporate espionage is nothing new, and in fact is prevalent in this day and age. Many businesses...
Which Is the Best Court for Your Business Dispute?
Many New York business disputes wind up in court. Most people do not think about which court is best for their business dispute, but it can make a significant difference in the time, cost, and expertise needed to favorably resolve your matter. In New York, business...
Best Practices for Successful Family Businesses
Every business owner faces internal struggles, but family-owned companies encounter some unique challenges, as they must balance business interests with their family relationships. Successful family businesses find that healthy balance by following these specific best...