Lara Flath

July 02, 2024 | New York Law Journal

This 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

This 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

This 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

This 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

A 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

August 09, 2023 | New York Law Journal

A recent First Department decision reflects a continued post-pandemic trend of New York courts cracking down on delays in producing discovery materials—including by levying harsh penalties not sought by the complaining party.

By Lara Flath, Judy Flumenbaum and Nick Iacono

7 minute read

April 12, 2023 | New York Law Journal

In their Corporate Litigation column, Lara Flath and Judy Flumenbaum discuss how New York courts assess whether or not a corporation is an alter ego of an individual and the potential implications for personal jurisdiction.

By Lara Flath and Judy Flumenbaum

7 minute read

February 08, 2023 | New York Law Journal

The First Department's holding in 'BDO' is one that corporations and outside counsel conducting internal investigations and considering potential privilege issues should keep in mind.

By Lara Flath and Judy Flumenbaum

6 minute read

October 18, 2022 | New York Law Journal

A look at several recent New York cases that have attempted to articulate clearer guidelines for interpreting what it means to make "commercially reasonable efforts."

By Lara Flath and Judy Flumenbaum

7 minute read

August 10, 2022 | New York Law Journal

In this article, Lara Flath and Judy Flumenbaum discuss New York courts' treatment of the tension between a "good faith limitation on the exercise of a contract right" and "using the implied covenant of good faith to create new duties that negate explicit rights under a contract." They explore the degree to which courts have permitted good faith and fair dealing claims independent of breach of contract claims.

By Lara Flath and Judy Flumenbaum

6 minute read