Jonathan Wallace is a business litigation attorney and a 1980 graduate of Harvard Law School. He is admitted to various federal and appeals courts, including the Supreme Court of the United States. You can reach Jonathan at 212.253.1027 or by email.
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 has the chance to look at each other’s evidence (discovery). There are some other things to […]
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 […]
How do you evaluate small business litigation; whether to bring a law suit 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 […]
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 […]
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 […]