Attorney selection is the most important strategic decision that you will make over the course of your courtroom experience. The attorney you select not only helps guide the entire procession of the lawsuit moving forward, but is also your point of contact for the judge, the other attorneys, and the parties that you are suing…

An initial consultation with an attorney is not only your first meeting with that attorney but it is also the first time that the attorney is really getting to hear anything of substance about your matter. The initial consultation can be a powerful tool to help you succeed in court, but most new clients do…

Southern District of New York Holds that Title III of the ADA Applies to Websites as Their Own Places of Public Accommodation On July 21, 2017, in Lucia Marett v. Five Guys Enterprises LLC, the U.S. District Court for the Southern District of New York held that Title III of the Americans with Disabilities Act…

On July 19, 2017, the New York Workers’ Compensation Board (the “Board”) published its final regulations concerning the New York Paid Family Leave Benefits Law (“PFLB Law”). Pursuant to the PFLB Law, starting on January 1, 2018, eligible employees will be entitled to up to eight (8) weeks of paid family leave in any 52-week…

In Gold v. New York Life Ins. Co., 2017 N. Y. App. LEXIS 5627 (1st Dep’t, July 18, 2017), the New York Appellate Division, First Department (state court covering Manhattan and the Bronx), held that an arbitration agreement prohibiting an employee’s participation in class and collective actions is unenforceable, as it violates the employees’ right to…

The Southern District of New York recently denied Document Technologies, Inc.’s (“DTI”) motion for a preliminary injunction to enforce restrictive covenants against four former employees as well as against a competitor, LDiscovery, who hired the four former employees. See In re Document Techs. Litig., No. 17-cv-2405, 2017 U.S. Dist. LEXIS 104811 (S.D.N.Y. July 5, 2017)….

In Woods v. START Treatment & Recovery Ctrs., Inc., 2017 U.S. App. LEXIS 13038 (2d Cir. July 19, 2017), the U.S. Court of Appeals for the Second Circuit (covering New York, Connecticut and Vermont) recently held that the “motivating factor” standard applies to Family and Medical Leave Act (“FMLA”) retaliation claims under 29 U.S.C. § 2615(a)(1). …

While conducting research, I recently came across yet another case, United States v. Finazzo, 2017 U.S. App. LEXIS 3972 (2d Cir. Mar. 7, 2017), in which the Second Circuit (federal appeals court covering New York) held that an employee’s emails with his personal attorney on his employer’s email system were not privileged by the attorney-client…

Maybe.  In Makinen v. City of New York, 857 F.3d 491 (2d Cir. May 22, 2017), the U.S. Court of Appeals for the Second Circuit recently certified, to the New York Court of Appeals, this very question – whether a plaintiff may state a claim for disability discrimination under the New York City Human Rights Law…

In Miller v. Zara USA, Inc., 2017 N.Y. Slip Op. 04407 (1st Dep’t June 6, 2017), the New York Appellate Division, First Department, held that where a company’s written policies clearly provide that employees have no reasonable expectation of privacy in personal information stored on a company-issued laptop, any communications stored on that laptop cannot…

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