Business Litigation Blog

Recovery of Attorneys’ Fees in Litigation – Who Pays?

It is often the case that, when we discuss litigation with our clients, they assume that they are entitled to recover their attorneys’ fees from the other party if they win.  To their great disappointment, there is generally no basis for such “fee-shifting.”  Under what is known as the “American Rule,” each side in a

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New York Attorney General Attacks Domino’s as Joint Employer

One of the most controversial topics affecting the franchise business model in recent years has been the “Joint Employer Issue.” The issue threatens to undermine the traditional relationship between a franchisee and its franchisor by imposing liability on the franchisor for wage and hour violations, and other claims, arising from a franchisee’s relationship with its

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Insurance and its Impact on Litigation Strategy

Many companies and individuals obtain insurance to help them manage risk. The presence of insurance coverage for claims asserted in a legal action can greatly impact litigation strategy and the ultimate resolution of a dispute. Thus, it is important for a defendant against whom claims have been asserted to promptly ascertain whether the claims, and

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A Primer on Commercial Torts

  In addition to contract disputes, which we discussed in our first blog entry [click here], there are other common types of business disputes called commercial torts.  Though there are many different types of torts (personal injury being a frequently known one), commercial torts can be thought of as improper conduct committed by or against a business

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Commercially Reasonable and Best Efforts

The terms “commercially reasonable efforts” and “best efforts” are frequently used in contracts. Attorneys will often argue strenuously for their inclusion in a contract, as if they carry great weight. However, a recent article in the New York Law Journal by Grant Esposito and Jessica Kaufman (, suggests that the use of these terms can

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