Andrew S Kaufman

February 21, 2013 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes that while the statute refers to medical malpractice actions generally, some courts and commentators have argued that the specific inclusion of dental and podiatric specialties suggests that the Legislature intended to exclude chiropractors, acupuncturists, psychologists, and certain non-licensed care providers such as herbalists.

By Andrew S. Kaufman

7 minute read

August 02, 2013 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, writes: New York is in a distinct minority of jurisdictions in which published medical literature is usable on cross-examination only if the opposing expert concedes it is authoritative. Given the desire of each party to introduce supporting literature and the opposing party's reluctance to have it admitted, a curious scenario has been created in which the vast majority of experts in New York prefer to deny that anything is authoritative.

By Andrew S. Kaufman

9 minute read

December 17, 2010 | Texas Lawyer

The use of social networking sites has in a short period of time become a ubiquitous feature of our society. Facebook, which made its appearance in 2004, now boasts 500 million members and its growth curve has been an exponential, rather than a linear one. MySpace, Twitter, LinkedIn, commercial dating sites, and limited membership blogs have also experienced explosive growth and it is the rare individual under the age of 30 who is not a participant in some way, shape, or form. Issues involving information exchanged via social networks have assumed a prominent role in litigation involving family law, criminal law (including cases involving identity theft, as well as the sentencing aspects of just about any type of crime), defamation, intellectual property, and right of publicity, and, in an indirect way, have touched on the discovery aspects of cases in a variety of other substantive disciplines as well.

By Andrew S. Kaufman

11 minute read

December 17, 2010 | Law.com

Social network profiles are a fertile source of evidence for the condition and activities of a litigant in a personal injury claim. While privacy concerns may serve as an objection to disclosure, the nature of social networking tends to belie this position, says attorney Andrew S. Kaufman.

By Andrew S. Kaufman

11 minute read

May 23, 2006 | New York Law Journal

Andrew S. Kaufman, a partner with Kaufman, Borgeest & Ryan, writes that the underlying rationale for expert disclosure laws in New York may have made sense at one time; however, such policies are no longer appropriate. Given that 49 jurisdictions mandate full and liberal disclosure of experts and that New York embraces the same liberality in virtually every other context of disclosure, the time has come to reevaluate New York's approach toward expert disclosure and expert depositions.

By Andrew S. Kaufman

11 minute read

November 07, 2005 | New York Law Journal

Andrew S. Kaufman, a member of Kaufman Borgeest & Ryan, argues that since the public is now aware of the dangers associated with cigarette smoking, unhealthy foods, lack of exercise and the like, it makes sense to permit a jury to assign culpability in medical malpractice litigation based on each party's contribution to the disease, even if the unhealthy behavior preceded the medical care in question or was not in direct contravention of a physician's order.

By Andrew S. Kaufman

11 minute read

August 31, 2011 | New York Law Journal

Andrew S. Kaufman and Cristina La Marca of Kaufman Borgeest & Ryan write: The practice of the trigger and the timing of both plaintiff's and defendant's disclosure arbitrarily varies from judge to judge. This incongruity is tolerable except when it results in interference with a party's right to move for summary judgment.

By Andrew S. Kaufman and Cristina La Marca

10 minute read

February 09, 2011 | New York Law Journal

Andrew S. Kaufman, a partner at Kaufman Borgeest & Ryan, and Betsy D. Baydala, an associate at the firm, write that unless and until the legislature addresses tortious cyberbullying directly and provides for a private right of action, it would appear that the heretofore rarely invoked tort of intentional infliction of emotional distress will likely be employed.

By Andrew S. Kaufman and Betsy D. Baydala

11 minute read

December 15, 2010 | New York Law Journal

Andrew Kaufman, a partner at Kaufman Borgeest & Ryan, discusses ethical issues for attorneys involving gag orders, whether an attorney may solicit the assistance of a third party (or investigator) to "friend" a litigant, and even whether the basis for an adjournment request before the judiciary was legitimate.

By Andrew S. Kaufman

11 minute read

July 25, 2002 | New York Law Journal

Suicide ranks 11th 1 in the list of leading causes of death in this country; third among young people ages 15 to 24; and fourth among children between 10 and 14. 2 In fact, more people kill themselves than kill others.

By Andrew S. Kaufman And Carol S. Doty

11 minute read