Evaluating Small Business Litigation

To Sue or Not to Sue – Evaluating Small Business Litigation

How do you evaluate small business litigation; whether to bring a lawsuit or not? Metaphysical Overview The small business owner considering litigation, or being sued, should at the outset take what I refer to as a “metaphysical” overview of the problem. The two constants of litigation are that it is time-consuming, expensive and the outcome … Read More

When to discuss Settlement in your Litigation

Most litigations reach a point, sooner or later, when the parties discuss settlement.  When should you discuss settlement in your litigation?  There is no precise rule.  It could be right after you file the complaint or after the parties have the chance to look at each other’s evidence (discovery).  There are some other things to … Read More

What happens at a Deposition

What is a Deposition? One of the more significant events to occur during a litigation is the deposition (governed under CPLR Article 31). The lawyers have the right to question a witness for the other party, under oath, before a court reporter, with no judge present, as part of the “discovery” phase of a law … Read More

Free Speech Where you Least Expect It

Most people, if they think about freedom of speech at all, imagine it is some kind of complicated legal construct standing on the far side of daily life. In fact, we experience free speech moments every day, from the protesting cry of a child who does not wish to go to school, to the disagreement … Read More

Pleading Fraud with Specificity

According to New York Civil Practice Law and Rules section 3016(b), in a fraud cause of action in a complaint, “the circumstances constituting the wrong shall be stated in detail”.  Contrast this with the standard for a libel or slander pleading in 3016(a): ” the particular words complained of shall be set forth in the … Read More

Frozen Bank Accounts and Restraining Notices

An unpleasant but common experience: an old judgment against you comes back to haunt you. Possibly you didn’t even know it existed: the complaint may have been served in the wrong place and you never got a copy, or the opposing party may even have filed a false affidavit claiming you were served (known as … Read More