I suspect that every general-practice lawyer—especially as a solo just starting out—dabbles sometimes in areas of law that he or she is not as competent to practice in as he or she is in other areas. As we start out or as we grow in our legal careers, dabbling is perhaps the best way to … Continued

Stories of gunshots, killing or wounding of people with guns that are licensed or unlicensed, have now occurred on almost a weekly basis. Such injuries have become issues in worker’s compensation cases. The Workers’ Compensation Law has recognized that such injuries, or even deaths, under the appropriate set of facts can be compensable. The facts … Continued

Many lawsuits appear to take standing for granted. If you’ve been directly injured by alleged wrongdoing, you can sue for damages and an injunction to stop any similar, future harm, right? Not so fast. In recent years, the Second Circuit has repeatedly reaffirmed the principle that, in order to pursue injunctive relief, a plaintiff must … Continued

“It’s all fun and games until somebody loses an eye.” (Unknown. A long time ago.) The phrase is said to originate from ancient Rome, where the only rule to wrestling matches was no eye gouging. There was immediate disqualification if you poked your opponent’s eye out. Today, it may be more accurate to say, “it’s … Continued

Note: These and other opinions are available on the NYSBA website at NYSBA.ORG/ETHICS. Opinion 1228 (08/30/2021) Topic: Submitting draft complaint with demand letter Digest: A lawyer who sends a demand letter to a potential civil defendant may include a draft complaint and a statement that the draft complaint will be filed if the matter is not … Continued

Two years have officially flown by in which the world has shifted on its axis to adapt to the evolving times, yet one constant has remained the same: providing accessible and engaging content and articles to our General Section members as the Co-Editors of One on One. This issue, we are pleased to offer you the … Continued

My term is quickly coming to a close. It has been a privilege and a pleasure to be a part of the General Practice Section in this capacity, and it will remain an important part of my life and career going forward. I would like to thank the Executive Committee and all its members for … Continued

Whether you are in a face-to-face negotiation or a negotiation through mediation, you will have one thing in common with your opposition: you both want to do a deal. Even if one party thinks that the negotiation will be a complete waste of time, they want to do a deal, but they believe that the opposing party … Continued

‘False Hopes Are More Dangerous Than Fears’1 A friend (“Lender”) made a $200,000 personal loan (“Loan”) to one of his friends (“Borrower). At the time the Loan was made in 2016, the Borrower signed a promissory note2 (“Promissory Note”) in favor of his Lender/friend, promising to repay the Loan within 10 months with interest. According to … Continued

On March 31, 2021, the Marijuana Regulation & Taxation Act (MRTA), which legalized recreational adult-use cannabis throughout the state of New York, was signed into law. Under the MRTA, the state created the Office of Cannabis Management (OC”), governed by the Cannabis Control Board (CCB), which regulates adult-use, medical, and hemp cannabis. This governing body … Continued