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When is a Deal a Deal?
A construction company submitted a bid to serve as the general contractor for a public/private historic redevelopment project. After bein...

Thomas F. Knab
Mar 4, 20204 min read


The Fourth Department Clarifies LLC Indemnification Rights
High legal fees are an unavoidable fact of life for many commercial litigants. A client’s ability to commence, and successfully litigate...

Thomas F. Knab
Dec 11, 20194 min read


Avoiding Accounting Malpractice: Considerations for Practitioners
I was recently consulted by the former client of a certified public accountant. The client, who I’ll call “Ms. Smith,” hired the accounta...

David H. Fitch
Oct 1, 20194 min read


Trial by Fire: My First Jury Trial
Many years and two law firms ago, my boss brought in a case for Tony, one of his best friends. Tony had purchased some property for his b...

Thomas F. Knab
Jul 23, 20194 min read


Effective Advocacy: Some Valuable Advice
“Brevity is important.” — Chief Judge Carl L. Bucki, Chief Bankruptcy Judge for Western District of New York This summer, I am mentoring ...
David M. Tang
Jul 23, 20194 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...

Jillian K. Farrar
Jun 4, 20193 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...

Thomas F. Knab
Nov 19, 20184 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...

Colin D. Ramsey
Sep 17, 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...

Jennifer A. Shoemaker
Mar 19, 20183 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 ...

Jillian K. Farrar
Sep 27, 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...

Thomas F. Knab
Jul 17, 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...
David M. Tang
May 15, 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...

Jillian K. Farrar
Mar 20, 20174 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,...

Margaret E. Somerset
Oct 5, 20164 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 ...

Jessie Gregorio
Sep 21, 20162 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
Sep 1, 20163 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..
David M. Tang
Jul 18, 20165 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..

Thomas F. Knab
Mar 21, 20164 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..

Underberg & Kessler
Dec 23, 20154 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 ...
David M. Tang
May 18, 20155 min read
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