Practice Area: Litigation & Trials

Placing an Emphasis on the “S” in ESG

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There can be a disconnect between what companies say and what they actually do in the ESG arena, which poses challenges for corporate communications with regulators, employees, investors and the public, raises the risks of litigation and heightens the need for litigation defense strategies.

What To Do When a Judge Won’t Allow Your Leading Questions

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Every trial attorney faces critical decisions as to which witness or witnesses will best tell his client’s story. Calling an adverse party or a person identified with an adverse party in one’s case can be incredibly effective because one can often, through leading questions, force the other side to tell your story. Like every critical … Continued

Limiting Construction Risk From the COVID-19 Outbreak Through Force Majeure Clauses

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Many in the construction industry may be concerned with the widespread effects of COVID-19 as it relates to fulfilling their contractual duties and obligations. In this new environment, force majeure clauses (French for “superior force”) will bear heightened scrutiny. Pursuant to Governor Andrew M. Cuomo’s “New York State on PAUSE” Executive Order No. 202.6, New … Continued

The Unified Court System’s Guide to New York Evidence

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There now exists for the benefit of the bench and bar a new resource, the Guide to New York Evidence, published by New York’s Unified Court System at http://www.nycourts.gov/JUDGES/evidence/, with a “rule” set forth in black letter and a “note” explaining the decisional or statutory derivation of the rule and any decisional nuances on the meaning … Continued