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...
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...
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...
With the New Year well underway, one resolution a litigator may have is to increase her active case load. But as we warn our children to “be careful what you wish for…”, a wise attorney knows that the maxim has a place in private practice, not just grammar...
Many trial attorneys prepare summations before voir dire or opening statements because an effective summation will have a nexus with voir dire and opening statements such positions can be taken with the jury or judge premised upon what the admissible evidence will...
Dissolution of a domestic corporation can be achieved by the shareholders on consent, via judicial Order pursuant to Business Corporation Law § 1104-a, or in accordance with Tax Law § 203-a when the New York Secretary of State effectuates a dissolution by...