By: Jonathan H. Freiberger This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation.[1] In prior BLOG articles we have explained that …
By: Jeffrey M. Haber In Murray v. Samsung Elecs. Am., Inc., 2024 N.Y. Slip Op. 51257(U) (Sup. Ct. Monroe County Sept. 12, 2024) (here), the court was asked to consider …
By Jonathan H. Freiberger Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain …
By: Jeffrey M. Haber “Ensuring that potential whistleblowers can communicate directly with the Commission is a critical part of the SEC’s oversight mandate”[1] On numerous occasions, we have written about …
By: Jeffrey M. Haber In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York …
By: Jeffrey M. Haber In Hydraulic IP Holdings, LLC v. Tan, 2024 N.Y. Slip Op. 32930(U) (Sup. Ct., N.Y. County Aug. 16, 2024 (here), the court was asked to hold …
By: Jeffrey M. Haber Often, in the pre-action investigation of a client’s claims, it becomes evident that discovery would materially aid the client in framing his/her complaint or in learning …
By: Jeffrey M. Haber In DirecTV, LLC v. Nexstar Broadcasting, Inc., 2024 N.Y. Slip Op. 04225 (1st Dept. Aug. 15, 2024) (here), the Appellate Division, First Department considered the viability …
By: Jonathan H. Freiberger Sometimes this BLOG takes an in-depth look at recently decided cases from New York’s appellate courts; other times it simply reports on cases with an interesting …
By: Jeffrey Haber A multi-level marketing program is a relative of pyramid scheme. “[A] pyramid scheme is an illegal investment scam based on a hierarchical setup.”[1] In the classic pyramid scheme, “participants attempt …
