Where You Would Least Expect to See Your Emails & Texts: In Court!

As most of us have become very adept at using email, text, and social media, our lives have sped up. It has become possible for us to instantly connect with one another, feasible to complete transactions with a swipe or a click, and easier to gain knowledge about anything — just Google it. However, along with this has come headaches for attorneys and risks for almost everyon

Continue reading

It’s Over: Ending the Employer-Employee Relationship in New York State

New York is an at-will state. If the employee does not have a contract entitling her to continued employment for a period of time and/or setting forth grounds necessary for termination, and if no discrimination is involved and the law is not otherwise violated, an employer can discharge an employee at any time for any, or no reason.

Continue reading

Does an Agreement Have to be in Writing to be Enforceable?

Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In the world we live in, we make agreements with other people, with companies, and with other businesses. Sometimes they’re formal and in writing, but other times (in the real world), they are not. Can that agreement be enforceable if it’s not in writing? It could be. If it is in writing, is it foolproof? 

Continue reading

Should I Agree to Arbitration? Part 2

I provided an overview of arbitration and what happens if one chooses to take this path. In this continuation, I discuss discovery and motion practice, arbitrator selection and the hearing, and the finality of arbitration. Discovery and Motion Practice: The two main areas in which arbitration may differ from a lawsuit is discovery and motion practice. Oftentimes, the most time-consuming and expensive part of a lawsuit is discovery.

Continue reading

Equity vs. Law: Understanding the Difference

The decisions that parties make at the beginning of a lawsuit can have lasting consequences throughout the litigation. Many litigants have heard that historically, there had been a distinction between courts of equity and courts of law. Today, while there still exists a distinction between equitable claims, such as actions for an injunction, and legal claims, such as actions for tort or breach of contract, the same courts and judges hear both equitable and legal claims.

Continue reading

Discovery Rules: Changes in the Commercial Division

As lawyers and many clients know, discovery can be very expensive and time-consuming. The default for most attorneys is to ask for everything to make sure they have “covered the waterfront”;  after all, one does not want to miss an important document they may need for trial. In so doing, however, the cost can be astronomical and can far outweigh what is accomplished by actually securing voluminous documents or pieces of information.

Continue reading