Litigation/Trial Law

• 03/11/13 The First Department’s Jan. 29 ‘spoliation trifecta’ On Jan. 29, 2013, the First Department released three decisions that addressed issues related to "spoliation" of evidence that, taken together, constitute a primer on how that Appellate Division approaches both the claims of loss, destruction or failure to preserve evidence, on the one hand, and the consequences and sanctions for the negligent or intentional failure to maintain and produce documentary and other proof, on the other.
• 11/30/12 Has Ashland Management trumped Kenford Company with respect to claims for ‘new venture’ lost profits? A recent decision by the First Department reversed an Order of Supreme Court granting a motion in limine to preclude use at trial of expert testimony and "evidence regarding lost profits from international sales."
• 12/15/09 The Court That’s All Business Among the courts called upon to oversee the intricate business legal landscape of New York City, the Commercial Division of the Supreme Court of the State of New York for the County of New York is certainly the busiest.
• 08/18/09 The Expanding Landscape of Litigation Holds and Document Production The topic addresses anticipating and preparing your organization for today's legal obligations, in a world governed by an ever-increasing amount of electronic communications.
• 06/01/07 Handling Physical Evidence: Standards and Practices Evidence is necessary to support or defend against claims or lawsuits, and it can take many forms. Often, it is a tangible object.
• 12/01/04 The United States Supreme Court: The Ultimate Decision Maker Although many a disappointed litigant has threatened to appeal its case "all the way to the Supreme Court," review of any case by the United States Supreme Court is hard to come by. This difficulty in obtaining Supreme Court review in turn serves to heighten the significance of any opinion rendered by the Court.
• 09/01/04 Discovery in the Electronic Era The notion of "electronic discovery" in litigation conjures up images of computer forensic technicians plumbing the depths of servers for fractions of messages and bits of data long thought deleted, or at least forgotten, but quietly slumbering between partially overwritten clusters of memory, waiting to be found.
• 03/01/04 Price Negotiation $olution What happens when the buyer and seller of a business really want to make a deal but can't agree on a price? In many cases there is no deal, and the parties go their separate ways. In some cases, however, the parties are able to salvage the deal despite their differences by using an earnout.
• 12/01/03 Dispute Resolution: When to Take an Alternative Path Litigation resolves commercial disputes. However, litigation can be expensive. Litigation can also consume large quantities of the valuable time and energy of a company's employees and owners.
• 10/01/03 What the Attorney-Client Privilege Really Means How can a client feel secure from the potential risk of having sensitive information fall into the wrong hands? In an extremely complex and competitive business climate saturated by consultants, technical advisors and outside experts, the sophisticated business owner might pause to consider one of the fundamental advantages of retaining legal counsel.
• 03/01/03 How To Evaluate An Appeal You have convinced the trial court to dismiss the case against you. Or you have endured the agony of a jury trial, and the jury awarded damages against your company. Is this the end of your case?
• 10/01/02 The Art of Toxic Mold Litigation Polychlorinated Biphenyls (PCBs)… Asbestos… Hexavalent Chromium… Trichloroethylene (TCE). All of these substances raise the suspicion (and challenge the vocabulary) of the reader, suggest toxicity and health concerns, and are commonly associated with significant tort and environmental liability.
• 08/01/12 Revisiting Alabama’s Seat Belt Defense: Is the Failure to Buckle Up a Defense in AEMLD Claims? The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body.
  - The Federalist
• 05/06/13 Part 1: “Scrivener’s Error”: Historical Antecedents, Development and State of the Law The equitable remedy of reformation to correct a “scrivener’s error” in a contract, agreement or understanding appears to be as old as the common law itself.