Genericide in the 21st Century: Overexposure of the Modern Brand
“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs...
View ArticleTo Contract or Not to Contract
With society rapidly advancing and contract law constantly developing, the simple act of reducing agreements to writing is as significant now as ever. Especially when tens of millions of dollars are on...
View ArticleContract Terms Have Teeth
Often parties to contracts want sympathy and their understanding of terms to impact on the interpretation of those terms by a judge when things go south. However, if the contract terms are clear, it...
View ArticleThe Rising Tide of Settlement
Two recent New York settlements of $17 million and $6.5 million were made prior to litigation. New York City Comptroller Scott M. Stringer would like to lighten the docket. Stringer’s plan could...
View ArticleChanges affecting Insolvency Practitioners and Directors
As from 1 October 2015, Regulations have introduced the key provisions of the Small Business, Enterprise and Employment Act 2015 (“the Act”) as regards its affect on Directors and Insolvency...
View ArticleTo Partner or Not to Partner
Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership. Since there...
View ArticleDefendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply...
As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable...
View ArticleLabor Law Claims Dismissed Based On Proximate Cause
The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell...
View ArticleInsurance Coverage Can Not be Created by Untimely Disclaimer
In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff...
View ArticleHacking Privileged Communications Warrants Striking Answer
The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole...
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