Sharon M Porcellio

October 25, 2018 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio writes: Throughout these opinions, practitioners can glean several “takeaways” for guidance in the discovery process in general and before filing motions concerning allegedly deficient responses. While recognizing every case is fact specific, the facts in these cases illustrate some takeaways that are helpful to both well-seasoned and newly-minted attorneys alike.

By Sharon M. Porcellio

10 minute read

July 26, 2018 | New York Law Journal

U.S. Senior District Judge Michael A. Telesca then had more than 10 briefs and supplemental letter briefs and multiple statements and counter-statements of fact and other submissions from the two parties to decide the pending summary judgment motions.

By Sharon M. Porcellio

1 minute read

April 26, 2018 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses a recent decision in which Judge Payson tackled a seemingly routine situation that results in a complex question: What happens to attorney-client privilege when there is a third-party consultant involved in the communications?

By Sharon M. Porcellio

8 minute read

January 25, 2018 | New York Law Journal

In her Western District Roundup, columnist Sharon M. Porcellio discusses the recent decision in 'L.M. Sessler Excavating', in which the court considered an issue of first impression: whether the pleading standard articulated in 'Twombly' and 'Iqbal' is the proper measure for pleading a claim of direct patent infringement.

By Sharon M. Porcellio

8 minute read

October 26, 2017 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio discusses a case on an issue of first impression: whether treaties between the United States and Native Americans ensuring the free use and enjoyment of tribal land bar taxes on income derived directly from the land.

By Sharon M. Porcellio

23 minute read

July 27, 2017 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio reviews Magistrate Judge Marian Payson's consideration of whether a claim limited to garden variety emotional distress precludes discovery of the claimant's mental health records, and District Judge Lawrence Vilardo facing an array of substantive and procedural issues worthy of a law school exam in deciding whether a corporation not named in a contract had standing to proceed with its suit.

By Sharon M. Porcellio

10 minute read

April 27, 2017 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio writes that the court, in the context of a Title VII reverse-race discrimination claim, analyzed whether a corporation is an individual under a bankruptcy provision excepting plaintiff's claim from discharge. In another case, a judge refused to compel arbitration, finding the arbitration provisions substantively unconscionable in a decision chock full of interesting footnoted related discussions.

By Sharon M. Porcellio

20 minute read

January 26, 2017 | New York Law Journal

In her Western District Roundup, Sharon M. Porcellio explores some of the nuances and interplay of the Freedom of Information Act and Freedom of Information Law in relation to New York's various public authorities, and discusses the court's finding that plaintiff filed a motion to disqualify defendants' counsel for tactical reasons.

By Sharon M. Porcellio

19 minute read

November 11, 2016 | New York Law Journal

Sharon M. Porcellio of Bond, Schoeneck & King addresses the pay gap in the legal field, asking: What are women doing and what can they, their firms, clients, and the courts do to change?

By Sharon M. Porcellio

19 minute read

October 28, 2016 | New York Law Journal

Western District Roundup columnist Sharon M. Porcellio examines cases touching on litigation issues including employment and defamation claims, arbitration agreements, and class-action claims, with important takeaways for plaintiffs' and defendants' attorneys.

By Sharon M. Porcellio

20 minute read