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Law Offices Of David S. Rich - Employment lawyer

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Law Offices Of David S. Rich - Employment lawyer

Text Us: (347) 389-7755


Business Litigation

  • By: David Rich
  • Published: July 21, 2010

Periodically, a litigant who is representing himself or herself in court in New York State contacts this author, states that he or she can't afford to retain an attorney to represent him or her throughout the lawsuit, and asks whether this author, without entering an appearance as counsel of record, will draft or edit certain pleadings for the litigant to…Read More

  • By: David Rich
  • Published: June 29, 2010

Last week, in Allen v. V & A Brothers, Inc., No. A-4427-08 (N.J. App. Div. June 23, 2010), New Jersey's Appellate Division held that when a company violates regulations issued under the New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1 - 56:8-184 (the "Consumer Fraud Act" or the "NJCFA"),  "individuals who were principals or employees of" the company and who…Read More

  • By: David Rich
  • Published: June 9, 2010

In April 2010, in Voss v. Tranquilino, App. Div. Docket No. A-5431-08T1 (N.J. App. Div. Apr. 28, 2010), New Jersey's Appellate Division held that "a driver of a motor vehicle who is convicted of or pleads guilty to driving while intoxicated (DWI), N.J.S.A. [§] 39:4-50(a)," may bring a lawsuit for damages under New Jersey's dram shop law, N.J.S.A. §§ 2A:22A-1…Read More

  • By: David Rich
  • Published: June 5, 2010

For a company to prevail in a lawsuit in New York against a customer or client for posting, on an internet site, comments criticizing the company, the company must prove falsity, malice and special damages.  In practice, lawsuits by a business against a person for posting, online, negative comments about the business usually fail, either because the defendants' comments are…Read More

  • By: David Rich
  • Published: April 20, 2010

This month, in Matter of Cline, 2010 N.Y. Slip Op. 02862 (1st Dep't April 8, 2010), New York's Appellate Division, First Department, held that ″where a ′factual issue exists which may be raised by answer′ " to the petition, the trial court is precluded from summarily granting a member's petition for judicial dissolution of a limited liability company -- that…Read More

  • By: David Rich
  • Published: March 24, 2010

In order to maintain a specified status quo while the plaintiff's lawsuit is pending in New York State court, the plaintiff may obtain a preliminary injunction or a temporary restraining order (a "TRO"). An injunction usually includes a direction not to do a particular act. For example, a preliminary injunction may enjoin and restrain the defendant or defendants, while the…Read More

  • By: David Rich
  • Published: February 25, 2010

Under N.Y. C.P.L.R. Article 62, a plaintiff creditor may "attach" (that is, seize) "[a]ny debt or property of a defendant debtor who does not reside in New York State, or who is secreting his property with intent to defraud his creditors or to frustrate the enforcement of a potential judgment in the creditor's favor." The sheriff actually or constructively holds…Read More

  • By: David Rich
  • Published: February 10, 2010

Discovery (or, as it is called in New York, "disclosure") encompasses the various methods of obtaining information in a lawsuit. In New York, discovery includes depositions on oral questions, depositions outside the state on written questions, interrogatories, demands for addresses, discovery and inspection of documents or property, physical and mental examinations of people, and requests for admissions. Clients sometimes ask…Read More

  • By: David Rich
  • Published: February 10, 2010

In New York, the managing member of a limited liability company (an "LLC") owes a fiduciary duty to the LLC's other members. This means that the LLC's managing member and the entity's other members are in a relationship of trust and confidence under which the managing member is bound to exercise the utmost good faith and undivided loyalty toward the…Read More

  • By: David Rich
  • Published: January 18, 2010

On January 11, 2010, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York sanctioned 13 plaintiffs for failing to preserve electronic files in discovery. Pension Comm. of Univ. of Montreal Pension Plan v. Banc of America Secs. LLC, No. 05 Civ. 9016 (S.D.N.Y. Jan. 11, 2010). These plaintiffs are suing two failed hedge funds…Read More

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