Blog
Read our latest articles, posts and insights.
March 11, 2021
The Gateway to Arbitration: Does a Court or an Arbitrator Decide Whether the Parties Have Agreed to Arbitrate a Particular Issue?
by Robert Yawman
Contracts commonly contain arbitration provisions requiring the parties to have a private arbitrator decide their dispute instead of the courts. But what happens if the parties do not agree that…
February 21, 2021
Litigation Hold Notice – How do I Locate and Preserve Electronically Stored Information (“ESI”) Relevant to a Legal Dispute?
by Amy Demanchick
You may receive a litigation hold notice if you or your company have documents related to a legal dispute that is or may become the subject of a lawsuit. A litigation…
January 26, 2021
Can an Insurance Company Recover Defense Costs from its Insured?
by Erin Casey
In 2018, the New York Court of Appeals issued a landmark insurance law decision in Keyspan Gas East Corp v. Munich Reins. Am., Inc., et al, 31 NY3d 51 (2018), holding that…
January 13, 2021
Planning for Business Succession and Avoiding Disputes: A Litigator’s Perspective on the Practical Impact of Contractual Buy-out Provisions
by Steven Cole
Buy-out provisions allow business owners to seek to reduce the disruption and uncertainty of future changes in ownership in shareholder, operating, or partnership agreements. Owners of businesses may eventually become…
December 16, 2020
Can Employers Require Employees to Take the COVID Vaccine?
by Stacey Trien
As the first vials of vaccines are starting to be distributed, employers are asking whether they can or should require employees to take the COVID vaccine when it becomes available….
October 23, 2020
Subcontractor or Employee? Misclassification Under the Construction Industry Fair Play Act
by Anthony Adams
Subcontracting is fundamental to the construction industry. Few if any general contractors self-perform (with their own employees) all the work necessary to construct a building, a road or a bridge….