Kevin Schlosser

March 22, 2021 | New York Law Journal

There is no reason for practitioners and their clients to wait for the legislature to act. The mechanism of hiring a private judge is already fully available.

By Kevin Schlosser

2 minute read

November 06, 2020 | New York Law Journal

The New York judicial system provides a legal method for parties who have legal disputes to hire a "private judge" to resolve their dispute while affording all the remedies and protections that the formal court system offers. This article explains the legal authority and benefits.

By Kevin Schlosser

8 minute read

December 02, 2016 | New York Law Journal

Kevin Schlosser, of Meyer, Suozzi, English & Klein, writes that recent cases show that courts are extremely reluctant to allow fraud claims in the face of well-crafted contractual disclaimers and provisions disavowing reliance on representations or other information in complex transactions. The cases illustrate the key role lawyers can and should play in both preserving and preventing claims of fraud and breach of representations and warranties in complex commercial transactions involving sophisticated parties.

By Kevin Schlosser

22 minute read

December 23, 2015 | New York Law Journal

Kevin Schlosser of Meyer, Suozzi, English & Klein writes: New York's highest court was given an opportunity to take a careful look at the issues and promulgate instructive and helpful rules for the lower courts grappling with perplexing ESI questions. Unfortunately, the Court of Appeals squandered the opportunity, and simply accepted the standards originated in the federal courts in New York that have been expressly superseded by the new Federal Rules of Civil Procedure and that are likely to cause further confusion and regrettable results.

By Kevin Schlosser

12 minute read

December 22, 2015 | New York Law Journal

Kevin Schlosser of Meyer, Suozzi, English & Klein writes: New York's highest court was given an opportunity to take a careful look at the issues and promulgate instructive and helpful rules for the lower courts grappling with perplexing ESI questions. Unfortunately, the Court of Appeals squandered the opportunity, and simply accepted the standards originated in the federal courts in New York that have been expressly superseded by the new Federal Rules of Civil Procedure and that are likely to cause further confusion and regrettable results.

By Kevin Schlosser

12 minute read

July 24, 2015 | New York Law Journal

Kevin Schlosser analyzes a decision in which the Court of Appeals addressed whether the New York courts should enforce a choice of law provision in an employment contract that applied Florida substantive law, which differs markedly from New York law; and whether to allow partial enforcement of a restrictive covenant by "blue penciling" the agreement, narrowing its scope to a permissible extent.

By Kevin Schlosser

12 minute read

July 23, 2015 | New York Law Journal

Kevin Schlosser analyzes a decision in which the Court of Appeals addressed whether the New York courts should enforce a choice of law provision in an employment contract that applied Florida substantive law, which differs markedly from New York law; and whether to allow partial enforcement of a restrictive covenant by "blue penciling" the agreement, narrowing its scope to a permissible extent.

By Kevin Schlosser

12 minute read

August 04, 2014 | Commercial Litigation Insider

Kevin Schlosser of Meyer, Suozzi, English & Klein writes: Although well-intentioned, a new proposed rule to limit depositions in the Commercial Division would appear to fall squarely within the saying, 'If it ain't broke, don't fix it.'

By Kevin Schlosser

6 minute read

June 23, 2014 | Commercial Litigation Insider

Kevin Schlosser of Meyer, Suozzi, English & Klein writes for Commercial Litigation Insider: New York courts, and specifically its Commercial Division, may very well be advised to consider the national movement that is underway to recast the entire manner in which ESI-related discovery is addressed.

By Kevin Schlosser

10 minute read

April 16, 2014 | New York Law Journal

Meyer, Suozzi, English & Klein partner Kevin Schlosser discusses a recent Fourth Department decision that provides a font of information regarding the drafting and implementation of employment restrictive covenants. In fact, he writes, the decision stands as a stark warning to employers—rethink and revise your restrictive covenant agreements and procedures or your agreements may not be worth the paper they are written on.

By Kevin Schlosser

10 minute read