Comments on Recent Cases: October 2020

When drafting agreements, parties should be aware of what kind of procedures are available to enforce the agreement and, if an expedited procedure is preferable, draft the agreement accordingly. They should also only file for summary judgment in lieu of complaint if the debt meets the applicable criteria.

Comments on Recent Cases: September 2020

Arbitration is traditionally considered to be a cheaper alternative to court litigation. But its filing fees are often much higher than court equivalents, and the lack of published decisions often makes arbitration difficult to navigate.

Comments on Recent Cases: August 2020

In a recent decision, an appellate court in Manhattan reversed the dismissal of a lawsuit based on a contract with no written end date. It held that, to determine whether the contract is still in effect, the parties needed to present evidence of how long the parties originally intended the contract to last and whether the defendant is still receiving a meaningful benefit from it.

Comments on Recent Cases: July 2020

A Manhattan appellate court recently held that a sexual harassment plaintiff needs to disclose in discovery the application she submitted to stay in the United States through a visa program for the survivors of human trafficking. The court held that the plaintiff’s objection to producing the application did not specify any ground, and so it waived any objection “based on any ground other than privilege or palpable impropriety.”

Comments on Recent Cases: May and June 2020

Few employers think they are guilty of racial or sexual discrimination when they fire someone. But even for employers that comply with the law, responding to a discrimination claim may still require depositions and legal argument. This is why employers should take proactive measures to ensure they avoid the risk of litigation and prepare themselves well if a dispute arises.