Robert D Lang

Robert D Lang

January 22, 2018 | New York Law Journal

Riding Into Litigation: An Overview of Skateboard and Hover Board Liability

Robert D. Lang and Rachel Nudel write: Whether skateboard, electric hover board, or hybrid electric skateboard, the use of these small personal vehicles presents a range of legal issues for the general public, operators and practitioners.

By Robert D. Lang and Rachel Nudel

11 minute read

November 29, 2017 | New York Law Journal

Sealing the Deal in Mediation: Requiring Plaintiff to Appear in Person

In the experience of authors Robert D. Lang and Andrew D. Harms, the plaintiff's attendance at a mediation can mean the difference between a swift resolution, and none. They explain why, both from the plaintiff's and defendant's perspectives.

By Robert D. Lang and Andrew D. Harms

9 minute read

August 23, 2017 | New York Law Journal

Alternative Fee Arrangements' Challenge to the Billable Hour

Robert D. Lang and Lenore E. Benessere write: Like Blockbuster succumbing to Netflix or Kodak film being replaced by digital, attorneys do not want their firm to become a case study for how the billable hour was replaced by alternative fee arrangements. While the complete rejection of the fee-for-service model is probably an overreaction, practitioners should learn from the paradigm shift at Microsoft how to successfully enter into, and profit from, AFAs.

By Robert D. Lang and Lenore E. Benessere

8 minute read

August 15, 2016 | New York Law Journal

Pokemon Goes to Court; New Liability for New Technology

Robert D. Lang writes: Pokémon Go warns players to "be alert at all times" and to stay aware of their surroundings. Once the game starts, they have to acknowledge a message that warns them not to drive, trespass or enter dangerous sites while playing. Do these warnings fully satisfy Niantic's legal duty?

By Robert D. Lang

22 minute read

July 26, 2016 | New York Law Journal

Independent Medical Examination Watchdog: a Bark Worse Than Its Bite

Robert D. Lang and Lenore E. Benessere discuss the recent case “IME Watchdog v. Baker, McEvoy, Morrissey & Moskovits” which raises a new issue when it comes to the manner in which an independent medical examination is conducted, namely whether plaintiffs' attorneys may hire third-parties to audit the examinations and even direct plaintiffs not to participate in all portions of the them.

By By Robert D. Lang and Lenore E. Benessere

16 minute read

December 11, 2015 | New York Law Journal

Clandestine Recordings of IMEs Rejected by Second Department

Robert D. Lang writes: Few decisions in recent years have sparked as much heated controversy between plaintiffs and defense counsel as the question of secret recordings of independent medical examinations. Now that the Second Department has decided the issue, there should be a welcome return to the previous levels of some degree of civility between the plaintiff and the defense bar.

By Robert D. Lang

7 minute read

December 10, 2015 | New York Law Journal

Clandestine Recordings of IMEs Rejected by Second Department

Robert D. Lang writes: Few decisions in recent years have sparked as much heated controversy between plaintiffs and defense counsel as the question of secret recordings of independent medical examinations. Now that the Second Department has decided the issue, there should be a welcome return to the previous levels of some degree of civility between the plaintiff and the defense bar.

By Robert D. Lang

7 minute read

February 13, 2015 | New York Law Journal

Uber Can't Wait: New Liability for Distracted Drivers

Robert D. Lang writes that Uber will cost more than a yellow cab, or negotiating a cash deal with an idle black car, but its benefits, at least judged by its popularity, outweigh any drawbacks—unless you are involved in accident caused by an Uber driver's distraction due to the receiving and acknowledging trip requests while still driving.

By Robert D. Lang

6 minute read

February 11, 2015 | New York Law Journal

Uber Can't Wait: New Liability for Distracted Drivers

Robert D. Lang writes that Uber will cost more than a yellow cab, or negotiating a cash deal with an idle black car, but its benefits, at least judged by its popularity, outweigh any drawbacks—unless you are involved in accident caused by an Uber driver's distraction due to the receiving and acknowledging trip requests while still driving.

By Robert D. Lang

6 minute read

June 03, 2014 | New York Law Journal

New Battleground: Secretly Recording IMEs

Robert D. Lang writes that whatever perceived advantage is gained by clandestine and secret tape recordings of medical exams, any fair gain for both sides will be lost in the removal of the last vestiges of collegiality between personal injury plaintiff and defense lawyers.

By Robert D. Lang

11 minute read