Jessica Copeland

Jessica Copeland

November 18, 2022 | New York Law Journal

Get It in Writing: Oral Agreements Are 'Ill-Suited Means of Forming Enforceable Contracts'

'Van Bortel v. Ford Motor Co.' serves as a reminder that while oral agreements can sometimes be enforceable, it is rare. Contracts should be in writing.

By Jessica Copeland and Riane Lafferty

10 minute read

August 12, 2022 | New York Law Journal

Recent Decisions Discuss Three Key Procedural Issues

This column explores three cases dealing with important procedural issues: personal jurisdiction for corporations, the local controversy exception to the Class Action Fairness Act, and required expert disclosures.

By Jessica Copeland and Riane Lafferty

9 minute read

April 28, 2022 | New York Law Journal

The WDNY Confronts COVID-19 Mask Mandates and Regulations, and the Parameters of Permissible Amendments to a Complaint

This article explores a case involving the WDNY's denial of an application for a temporary restraining order and preliminary injunction enjoining the enforcement of COVID-19 mask mandates and regulations distinguishing vaccinated and unvaccinated people. It also discusses a case involving the court's denial of a motion to amend a complaint where the plaintiff asserted a new theory of liability separate and distinct from the original complaint.

By Jessica Copeland and Riane Lafferty

10 minute read

January 28, 2022 | New York Law Journal

Important Reminders From the WDNY on Preservation of Evidence, Clear and Conspicuous Consumer Contract Language, and the Fair Debt Collection Practices Act (FDCPA)

'Richard' provides a good refresher on the importance of preserving documentary evidence and the different standards surrounding preservation of documentary evidence, as compared to ESI. 'Schafer' includes an interesting discussion of what constitutes sufficiently clear and conspicuous language in a consumer contract. 'Braun' provides guidance on a law firm's obligations under the Fair Debt Collection Practices Act.

By Jessica Copeland and Riane Lafferty

10 minute read

October 27, 2021 | New York Law Journal

Recent WDNY Rulings Shine Spotlight on Election Laws and Forum Selection

In this edition of their Western District Roundup, Jessica Copeland and Riane Lafferty discuss a highly controversial dispute over including the incumbent democratic Mayor of Buffalo, Byron Brown, on the Nov. 2, 2021 general election ballot, and explore two interesting cases involving forum selection.

By Jessica Copeland and Riane Lafferty

10 minute read

July 29, 2021 | New York Law Journal

Cases Tackle Two Discovery Issues: Privilege Waiver and Sanctions

In this edition of their Western District Roundup, Jessica Copeland and Riane Lafferty explore two decisions involving important discovery issues: waiver of work product privilege by disclosure to third parties and discovery sanctions.

By Jessica Copeland and Riane Lafferty

8 minute read