August 21, 2019

Helping Reach The Tipping Point

Litigation typically ensures when both parties agree that the benefits to be gained from suit substantially outweigh its cost.  Both sides base their decision on an […]
August 13, 2019

The Impact of Cyan Revisited

Last year, in Important Developments on the Class Action Front, I noted that as a result of the Supreme Court’s decision in Cyan v. Beaver County, […]
August 7, 2019

As the Yellowstone Era Ends, Fast Track Mediation Beckons

In May 2019, in a 4-3 decision, the Court of Appeals dealt a death blow to the Yellowstone doctrine.  159 MP Corp. v Redbridge Bedford, 2019 […]
June 4, 2019

The Wage Exception to Limited Owner Liability in New York

A wage exception to the principle of shareholder limited liability dates back over 200 years to the enactment of New York’s first general corporation law.  New […]
March 1, 2019

Precedent 103 Years Old Falls as New York

Precedent 103 Years Old Falls as New York’s Jurisdictional Grasp Narrows In late January, the Second Department effectively cast aside Bagdon v. Philadelphia and Reading Coal […]
July 30, 2018

Does Crime Pay? In New York, Sometimes it Does!

In May 2018, in a narrow 4-3 decision, the New York Court of Appeals held in E.J. Brooks Co. v. Cambridge Sec. Seals, 2018 N.Y. Slip Op. […]
July 23, 2018

The SDNY ADR Program: Its Statistics Demonstrate Its Effectiveness

The SDNY ADR Program:  Its Latest Statistics Demonstrate Its Effectiveness The SDNY latest available annual report shows the increasing number of mediations conducted through its auspices […]
July 17, 2018

The EDNY ADR Numbers Tell the Story

Some interesting statistics from the latest ADR Report from the United States District Court for the Eastern District of New York:  Sixty four percent of the […]
May 2, 2018

Important Developments on the Class Action Front in New York State Court Counts

Two recent decisions, Cyan, Inc. v. Beaver County Employees Retirement Fund, 583 U.S. __ (2018), and Desrosiers v. Perry Ellis Menswear, LLC, 2017 NY Slip Op […]
February 15, 2018

Pre-litigation Mediation Clauses – Proper Drafting is Paramount

As mediation has become more accepted, and its benefits apparent, commercial parties are well advised to consider inserting pre-litigation dispute resolution clauses into their contracts.  Properly […]