The Importance of Implementing a Litigation Hold

October 26, 2017

With the proliferation of email communication and other electronically stored information (“ESI”), litigation over the handling of ESI has also grown in scope, complexity and expense.  In this post, we discuss the issue of the destruction of ESI, making relevant documents unavailable for exchange in pre-trial discovery.  Clearly, a party found to have intentionally deleted … Continue reading The Importance of Implementing a Litigation Hold

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The Test for a Direct or Derivative Claim Established in Frydman LLC Decision Five Years Later

October 11, 2017

This is the five year anniversary of the decision obtained by Frydman LLC in Yudell v. Gilbert, 99 A.D.3d 108, 949 N.Y.S.2d 380 (1st Dep’t 2012), where we successfully defended a joint venture partner and property manager of a shopping center on Long Island.  The plaintiff, a minority joint venturer, asserted breach of fiduciary duty … Continue reading The Test for a Direct or Derivative Claim Established in Frydman LLC Decision Five Years Later

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Do You Know the Difference between a Finder and a Broker? Your Right to be Paid Could Depend on It

October 4, 2017

You may have had a friend try to introduce you to a company looking for investors for a private offering or a PIPE transaction (private investment in public equity).  Maybe you were even the person doing the introducing.  If so, the issuer might have promised to pay you a commission.  What happens when your prospect … Continue reading Do You Know the Difference between a Finder and a Broker? Your Right to be Paid Could Depend on It

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