A recent decision rendered by the New York Appellate Division, First Department, on October 17, 2019, held that the lower court properly dismissed a legal malpractice complaint on the ground that documentary evidence established there was no attorney-client relationship.
Articles Discussing The Work Of Practicing Labor And Employment Law.
What Will AI Mean for the Practice of Law?
Associate Matt Scherer, member of Littler’s Robotics, AI and Automation Practice Group and Data Analytics team, and Andrew Arruda, founder of Ross Intelligence, discuss how AI is being used in the practice of law, such as in legal research and contract review.
Where Do Legal Analytics Come From?
Neil Magenheim of Lex Machina joins Goldberg Segalla’s Jonathan Schwartz for a discussion of data analytics in the practice of law. Neil explains what clients can learn about private practitioners from available data, as well as how entities of all sizes can utilize data analytics to promote transparency in the
Counsel Responsible for Client’s Massive Ponzi Scheme?
Nine law firms face $500 million in damages arising from the alleged aiding and abetting of a large securities scam. The scam was perpetrated by a now defunct, relatively well-publicized real estate investment firm (“Investment Firm”) that operated a Ponzi scheme targeting the retirement benefits of the elderly.
The man responsible for
Social Media Due Diligence Before and During Trial
Goldberg Segalla’s Christina Holdsworth and Michael Appelbaum join the podcast to talk about social media due diligence before and during trial. Through the lens of his recent trial victory in supreme court, Mike shares his process of researching social media, considerations for presenting social media information to the courtroom, and
Perfecting the Pleading
Goldberg Segalla’s Jim Rozak offers insights into why we should demand a well-pleaded complaint or counterclaim. Jim discusses procedural pleading motions and weighs the costs and benefits of bringing such a motion at each stage of a dispute. Jim explains the value of taking control of the litigation at the
Fishing for a Lawsuit: Tips and Tricks for Personnel Files and Pre-Litigation Records Requests
If you have ever received a pre-litigation records request, then you may already know that such a request tends to be a harbinger of a lawsuit on the horizon. Plaintiff’s lawyers regularly use Labor Code provisions to obtain pay and personnel records, before a lawsuit has been filed.
The Rules of the Closing Argument
The evidence is in, the jury instructions are done, final trial motions have been made (and appeal points dutifully preserved), and it is time for the final argument, the holy grail of the trial lawyer. After months (if not years) of preparation, it is finally time to just argue, to tell the jurors what you think about the evidence and convince them to agree with your view of what is just and proper, right? Wrong.
The Ninth Circuit Holds Plaintiff Lacked Standing for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision
Nationwide class action claims against employers under the federal Fair Credit Reporting Act (FCRA) are more common now than ever before. On July 13, 2018, the U.S. Court of Appeals for the Ninth Circuit issued an opinion, Dutta v. State Farm, addressing an important procedural issue in FCRA cases: constitutional standing. Standing is a legal rule that addresses whether a person has been adversely affected by some action resulting in a right to assert the claim at issue, and a person without standing cannot continue a lawsuit in federal court. The standing issue is being litigated in courts across the country based on the U.S. Supreme Court’s ruling in another FCRA case, Robins v. Spokeo, Inc. In Dutta, the Ninth Circuit ruled for the employer, State Farm, and affirmed summary judgment on the ground that the plaintiff lacked standing to assert his claim for violation of the “pre-adverse action” notice provision in the FCRA.
Technological Advancements Complicate Confidentiality
The increase in connectivity has greatly improved an attorney’s ability to represent her clients. From searching a party on social media, to quickly parsing through online materials, saves hours and hours of time. Furthermore, attorneys can leverage professional organization memberships to seek input from thousands of other practitioners on legal questions or strategic decisions. Thus, an attorney can investigate deeper than ever before and easily liaise with other practitioners. But, this cuts both ways. Attorneys must be aware that technological advances also mean that her own clients and experts are vulnerable, and they must take steps to protect confidential information as necessary.
Attorneys Can’t Bury the Smoking Gun
The smoking gun. That key piece of evidence that will conclusively prove your client’s case and guarantee victory may be out there.
Is Your Forum Selection Clause Mandatory or Permissive: How to know the difference and why you should.
Drafting an agreement that includes a forum selection clause? Preparing to litigate an agreement that includes a forum selection clause and wondering how to argue?
Lawyers Must Admit Mistakes
No one is perfect. In the adversarial arena of litigation, attorneys are rarely willing to admit even having a weak legal argument, let alone an actual error. However, the American Bar Association recently issued an opinion which makes it an ethical duty for attorneys to disclose any material errors in representation to their clients.
A-C Privilege Not Extended to Third Parties
It’s generally known that communications between attorney and client are privileged absent waiver.
Amount in Controversy for Diversity Jurisdiction:
Diversity jurisdiction exists when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Generally, the amount in controversy articulated in Plaintiff’s complaint is controlling. However, it is not always that easy. What happens when specific damages are not alleged? How are damages assessed when the relief sought is a declaratory judgment? The court recently examined both scenarios.