Publications

Insights into the middle market.

Litigation Publications

Legal Updates
  • College and University Employee Payroll Scam
    November 15, 2015

    College and university employees are a new target of phishing attacks. Employees are receiving fraudulent e-mails alerting them to a change in their human resource status.

  • E-mail Account Compromise and Wire Fraud
    October 16, 2015

    E-mail Account Compromise (EAC) is a sophisticated scam that targets individuals.

  • New Mandatory Cooling Tower Registration Adopted By NYC For Building Owners
    August 25, 2015

    In the wake of the recent Legionnaires' disease outbreak in the Bronx, the City of New York has adopted amendments to the Administrative Code requiring the registration of all cooling towers with the Department of Buildings (DOB).

  • Employee Social Media Accounts: Do's and Dont's for Employers
    June 16, 2014

    For members of the American workforce, the use of social media accounts such as Facebook, LinkedIn and Twitter is no longer a new phenomenon – it’s simply a way of life.  Sometimes information posted on these sites is publicly available.  But access to social media accounts can also be restricted – most often through the use of usernames and passwords.

Articles
  • Expanded Personal Jurisdiction: The Hidden Cost of Interactive Online Sales Sites
    September 1, 2010

    The Internet allows businesses from around the world to tap into New York’s marketplace, with relatively few upfront costs. A recent federal appeals court decision, Chloé v. Queen Beeof Beverly Hills, LLC, paved the way for courts in New York to hold accountable businesses that sell goods or services to New York consumers online but have no physical presence in this state. 

  • The NJSA: SPAM: What you need to know before you press ‘Send’
    April 1, 2010

    Fax and email broadcasts can be an easy way to reach large numbers of potential customers and candidates with minimal financial investment. Such transmissions, however, are governed by a variety of laws and are regulated and enforced by the Federal Communications Commission and the Federal Trade Commission. Accordingly, you need to be aware of and comply with a variety of rules before you hit the send button.

  • The Mortgage Market Crisis, Part I: Mortgage Foreclosure ‘Rescue’ Scams
    September 1, 2009

    Mortgage fraud and related scams have been around for years. Recently, though, the implosion of the mortgage market and decline in the economy has led to a sharp increase in mortgage fraud litigation. 

  • Sorting Out the Law on Homicide Prosecutions Against Corporations
    June 1, 2009

    The recent rise in construction accidents in New York City over the past two years has spurred an increase in criminal investigations and/or prosecutions in connection with these incidents. From the most recent prosecutions in the Bronx in connection with the fire at 236 E. 178th St. that claimed the lives of two firefighters, to the indictments in the Deutsche Bank fire and the 51st Street crane collapse, courts and juries are being asked to determine whether corporations, acting through high managerial agents, are guilty of criminal negligence or ordinary negligence.

  • Sometimes You Can Pick Your Poison: Mediation, Arbitration or Litigation?
    June 1, 2009

    Over the last decade, the use of alternative dispute resolution procedures has increased dramatically. More and more, parties are opting to turn to mediation and arbitration as a means of resolving disputes more quickly, and at less cost, than is typically associated with fullscale litigation. This article will briefly describe and compare these different approaches to resolving disputes.

  • Being First is Not Enough: Courts Reject Recruiters’ Fee Claims
    September 1, 2008

    In Mark Bruce International, Inc. v. Blank Rome, LLP, it was undisputed that in October 2005 Mark Bruce first proposed a merger between Blank Rome and Healy & Baillie, a 28-lawyer firm specializing in maritime law. 

  • The Most Important Piece of Pending Legislation Nobody has Heard of Yet
    April 1, 2008

    Does your business use mandatory arbitration clauses in any of its contracts with its clients or employees? Chances are, if your business enters into contracts, there are probably mandatory arbitration clauses in at least some of them. Legislation currently pending before Congress may eventually put an end to the widespread use of such mandatory arbitration clauses, which have proliferated in employment contracts, credit card agreements, HMO contracts, securities broker contracts and other contexts in recent years.

  • In Some Cases, The Real Battle is Enforcing, Rather than Obtaining, the Judgment
    December 1, 2007

    You’ve won a quick and relatively inexpensive victory and obtained a money judgment against the defendant as a result of a default or an early dispositive motion. Often in this context, the chief battle is just beginning, especially if the judgment debtor is a small company or an individual.

  • E-Discovery: Plan Now to Prevent Problems Later
    December 1, 2007

    New federal rules regarding electronic discovery are changing the way we all think about preserving documents when the possibility of litigation arises – or at least they should be. While there has always been an obligation to search electronic systems for documents and data responsive to discovery requests, the new rules strengthen and clarify that obligation.

  • It's About People: Common Sense Advice for Resolving Disputes
    June 1, 2007

    The broad sword and shield are often the primary tools used by litigation attorneys in protecting a client’s rights. However, there are times when a client will be best served by tact, diplomacy and understanding, which can go a long way toward resolving disputes before they turn into lawsuits.