July 02, 2024 | New York Law Journal
Paying the Price: Recent Imposition of Monetary Sanctions to Ensure Compliance with New York's Discovery RulesThis article provides an overview of the rules that authorize courts to impose sanctions and examples of courts employing this power, particularly via monetary fines and other penalties, to deter discovery violations.
By Lara Flath, Jacob Fargo and Gaby Colvin
7 minute read
April 10, 2024 | New York Law Journal
That's Not What the Parties Meant: How New York Courts Balance Intent, Conduct, and the Statute of Limitations in the Context of Scrivener's ErrorsThis article explores so-called "scrivener's errors"—a mistake that occurs when parties have reached a mutual oral agreement but the signed writing does not express that agreement and one of the parties seeks to reform the contract.
By Lara Flath, Jacob Fargo and Gaby Colvin
8 minute read
February 21, 2024 | New York Law Journal
When Is Out-of-State Out-of-Reach? Recent Application of NY's Long-Arm StatuteThis article examines 'Reveam v. Taylor Freres Capital Markets', a recent decision from the New York Supreme Court applying New York's long-arm statute to assess specific personal jurisdiction over a non-resident defendant.
By Lara Flath, Jacob Fargo and Gaby Colvin
7 minute read
December 22, 2023 | New York Law Journal
Guess Who's Back? Recent Application of the Relation Back Doctrine Under New York LawThis article highlights how a recent New York Court of Appeals decision in 'Nemeth v. K-Tooling' moves the relation back doctrine under New York law closer to the tenets of Rule 15(c) of the Federal Rules of Civil Procedure.
By Lara Flath, Jacob Fargo and Gaby Colvin
6 minute read
October 11, 2023 | New York Law Journal
Maintaining Attorney-Client Privilege Even Without an Attorney: Recent Application of the Common Interest DoctrineA recent decision from the Commercial Division of the Supreme Court, New York County highlights the potential importance of—and protection offered by—the sometimes overlooked sibling of attorney-client privilege: the common interest doctrine.
By Lara Flath, Judy Flumenbaum and Jacob Fargo
6 minute read