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Jillian K. Farrar
Jun 4, 20193 min read
Fair Debt Collection Practices Act: Could Mean Big Changes for Debt Collectors & Consumers
Last week the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking to implement the Fair Debt Collection Pr...


Thomas F. Knab
Nov 19, 20184 min read
House of Frauds
The rule requiring many contracts to be in writing and signed by the party sought to be bound in order to be enforceable is called the “S...


Colin D. Ramsey
Sep 17, 20183 min read
Representing a Corporation: Who is the Client?
In theory, the attorney-client privilege is pretty straightforward. A client retains an attorney, and thereafter that relationship is imb...


Jennifer A. Shoemaker
Mar 19, 20183 min read
Second Circuit Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title VII
On February 26, 2018, the United States Court of Appeals for the Second Circuit overruled its own precedent and became only the second Co...


Jillian K. Farrar
Sep 27, 20174 min read
Clearly Defining the Scope of Representation: Reducing Malpractice Risk with the Engagement Letter
A recent decision by the Southern District of New York reminds practitioners of the importance of a well-crafted and detailed engagement ...


Thomas F. Knab
Jul 17, 20174 min read
Bringing Some Cost Certainty to Commercial Litigation
The “Great Recession” that began in 2007 had tremendous impacts on the U.S. economy, and the legal industry was not immune to those impac...


David M. Tang
May 15, 20174 min read
Multi-Tiered Dispute Resolution Clauses: Pre-Arbitration Procedure
“Everything in its right place.” -- Radiohead Mise en place is a French culinary phrase often used in professional kitchens to refer to p...


Jillian K. Farrar
Mar 20, 20174 min read
The FDCPA - What You Don't Know Can Hurt You
For attorneys attempting to collect non-commercial debts for their clients, familiarity with the Fair Debt Collection Practices Act (FDCP...


Margaret E. Somerset
Oct 5, 20164 min read
Publish or Perish: CPLR Rule 4112
Have you ever had one of those dreams that you are winning a game show? “Alex, let’s go with ‘Publish or Perish in the Courtroom’ for $1,...


Jessie Gregorio
Sep 21, 20162 min read
Court of Appeals Decision Expands Physician and Hospital Liability
On December 16, 2015, the New York State Court of Appeals issued a decision that has important implications for medical malpractice liab ...


David M. Tang
Sep 1, 20163 min read
Ask An Attorney: Legislative and Other Developments Affecting the Practice Environment
What are recent legislative and other developments affecting the practice environment? Medical professionals may want to take note of ...


David M. Tang
Jul 18, 20165 min read
Lessons Learned from Deflategate
"When you’re thrust into litigation, you obviously have to make sure you’re prepared to deal with that.” — Roger Goodell The U.S. Court of..


Thomas F. Knab
Mar 21, 20164 min read
Law and the Art of Automobile Maintenance
Readers of a certain vintage may recall this TV commercial from back in the day: An auto mechanic who has clearly seen it all gives advice..


George S. Van Nest
Dec 23, 20154 min read
EPA’s Clean Power Plan Subject to Litigation, Congressional Challenges
As we reported in the August column (The Daily Record, Aug. 3, 2015), the U.S. Environmental Protection Agency issued a rule that sets the..


David M. Tang
May 18, 20155 min read
Can I Say That? Tactics for Ethical Negotiations
This spring, I was invited to present at a symposium on ethics in negotiation. Given recent headlines relating to lawmakers’ conduct, it ...


Paul F. Keneally
Nov 17, 20143 min read
Attorney’s Duty to Plan Extends Further Than You Think
In a recent tragic and somewhat unlucky case, attorneys are reminded of the significant responsibility we accept when we are retained by ...


David M. Tang
Sep 15, 20144 min read
Recent Commercial Divisionrule Changes, Amendments
"You have to learn the rules of the game. And then you have to play better than anyone else.” — Albert Einstein This article highlights s...


Thomas F. Knab
Jul 21, 20144 min read
A Business Approach to Business Litigation
Some business disputes prove to be so intractable, or cause or threaten such severe economic injury, that they require legal action. In m...


Jillian K. Farrar
May 14, 20143 min read
Arbitration: Managing Litigation Risk in the Digital Age
General Mills, the food conglomerate, recently made headlines when it changed the legal terms on its website and reversed course after a...


Colin D. Ramsey
Mar 18, 20134 min read
Employing a ‘Limited Defense’ Strategy
Talk to small business owners, and one of their biggest fears is becoming embroiled in litigation against their will, and over which they...
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