News and Insights

Exploring Depositions Within Discovery

“Discovery” is a word that frightens many litigants — what it means, the cost, and the time commitment that it will entail. The part of discovery that many litigants are most concerned about are “depositions” — being questioned by your … Continue reading

Litigation: What’s Taking So Long? (Part 2)

A few years ago, a former president of the New York City Bar Association created the President’s Committee for Efficient Resolution of Disputes to address a concern that we all know to exist: that civil litigation often costs too much … Continue reading

Litigation: What’s Taking So Long? (Part 1)

“What’s Taking So Long?” This is a common question asked by clients as a lawsuit goes on and on, oftentimes for year after year. Sometimes, the passage of time cannot be helped; neither the parties, the lawyers, nor the courts, … Continue reading

Presumptive Alternative Dispute Resolution

On May 14, 2019, New York State Chief Judge Janet DiFiore announced “a transformational move to advance the delivery and quality of civil justice in New York as part of [her] Excellence Initiative.”  Presumptive Alternative Dispute Resolution (Presumptive ADR) mandates … Continue reading

Don’t Get on the Train Unless You Know Where It’s Headed

Let’s suppose that you have received a claim or demand letter. Perhaps even worse, suppose you’ve been served with a summons and complaint. On the other hand, suppose that you have a claim against someone that you have not been … Continue reading

The Importance of Simplicity (Part 2)

In my previous article, I began discussing the importance of simplicity, in the service of clarity, in the presentation of facts and arguments. I asked the questions: –Why do we so often load up our papers and testimony with unnecessary … Continue reading

The Importance of Simplicity (Part 1)

The facts underlying many disputes can be very simple. Others may be more complicated. In either case, when preparing a pleading, motion papers, or testimony for a court proceeding, the goal for the attorney and the client should be to … Continue reading

Don’t Let Your Social Media Posts Become a Liability

Just as text messaging and email have allowed us to communicate with each other in real time, social media has allowed us to interact with people we don’t really know; or know at all.

Discovery: The Vital Next Step

{3:40 minutes to read} Cases can often be won or lost during discovery. When a dispute arises and a party hires an attorney, they will spend time, together, going over the facts, providing relevant documents, and giving the attorney enough … Continue reading

Must I Go To Court?

{5:20 minutes to read} Clients often ask whether or not they must go to court. As in many areas, there is a simple answer and a not-so-simple answer. The simple answer is: if you were named as a defendant in … Continue reading