What word that comes to mind when you hear the term “professional malpractice”? Medical? Legal? To be sure, doctors and lawyers are the more common professionals subject to malpractice claims. …
On December 12, 2017, the New York Court of Appeals resolved an ambiguity in Rule 908 of the Civil Practice Law and Rules, concerning whether the parties to a putative …
Should Your Business Contracts Contain Mandatory Arbitration Clauses? Mandatory arbitration clauses have increased in popularity in recent years and are now part of most business contracts. While arbitration clauses are not …
A recent blog post entitled: “Appellate Division, Second Department Tells Foreclosing Residential Lender to ‘SHOW ME THE EVIDENCE,’” cautioned foreclosing mortgagees that evidence in admissible form must be submitted to …
What facts must you plead to pursue a false claims case? In U.S. ex al Ibanez v. Bristol-Myers Squibb Co., the United States Court of Appeals for the Sixth Circuit …
Since the late 1970s, federal employees have enjoyed protection from retaliatory acts in response to the reporting of illegal or other wrongful conduct by their employers. Such protections were provided …
There is an old idiom that says: “the devil is in the details.” It generally means that although something may seem simple, the details are complicated and likely to cause …
Certain issues regarding Labor Law §240 were discussed in “Be Helpful at Your Own Peril”, an article posted on this Blog on October 20, 2017. Again, Labor Law § 240 …
Standing to sue derivatively requires stock ownership in the corporation at the time the lawsuit is filed and at the time of the wrongful occurrence. As noted in a recent …
In prior posts, this Blog has discussed the elements required to assert a shareholder’s derivative action. (Here.) Today’s article focuses on the standing requirements needed to commence such an action …
