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Search results for "work product"

821 results found for "work product"

  • Revisiting The Attorney-Client Privilege, The Common Interest Doctrine and The Work Product Doctrine

    matter, which is afforded absolute immunity from discovery ; attorney work product, which is also afforded The Attorney Work Product Doctrine The attorney work product doctrine protects those materials prepared The work product of an attorney consists of interviews, statements, memoranda, correspondence, briefs Conclusory assertions that documents constitute attorney work product or material prepared for litigation Finally, the Court “reject the claim that the court failed to address the work product privilege for

  • Court Compels Production of Joint Defense Agreement As Not Protected By Privilege

    claims that it was protected under the attorney-client privilege or the attorney work product doctrine product. .”[31] The Attorney Work Product Doctrine The attorney work product doctrine protects those materials constitute attorney work product or material prepared for litigation will not suffice.[35] In Simpson and attorney-work-product privileges and that Simpson failed to show that its disclosure was material

  • Remote Work Sufficed to Invoke Personal Jurisdiction

    acts, ‘avails itself of the privilege of conducting activities within , thus invoking the benefits and protections purposefully entered into a months-long contract with plaintiff that required her to project herself into New York to retrieve digital files from plaintiff’s New York-based server, including software, proprietary data, and examples of prior work.” Moreover, said the Court, the parties’ contract explicitly required defendant “to project herself into

  • The New York Court of Appeals Reminds Litigants That Words in Contracts Have Meaning

    For this reason, when a dispute arises, the courts in New York look to the intent of the parties as expressed meaning of their contract, the court first asks if the contract contains any ambiguity. 3 Since New York Slip Op. 02724 (May 16, 2024) ( here ), the New York Court of Appeals addressed these fundamental principles reasonably susceptible to only one meaning – it should be enforced according to the plain meaning of those words New York City School Constr. Auth. , 91 N.Y.2d 1, 9-10 (1997); Brown Bros. Elec. Contr. v.

  • The Attorney-Client Privilege: Common Interest Doctrine and Communications By Corporate Representatives Which Convey Legal Advice

    Product Doctrine The attorney work product doctrine protects those materials prepared by an attorney , acting as an attorney and which contain the attorney’s analysis and trial strategy. 20 The work product constitute attorney work product or material prepared for litigation will not suffice. 23 In West 87 work product privilege, and the litigation privilege. product privilege, or the trial preparation privilege applied.

  • New York Court of Appeals Addresses Specific Jurisdiction, Holding That Defendant Purposefully Availed Itself of The Protections of New York Law

    Judge Rivera concluded that the case involved nothing more than “a purchase by telephone and email of a product entered a contract with a New York client for a product sent to and used in another country”. Two years later, in 2015, while working as a professor of medicine and director of the Global Health In the summer of 2016, Vayu and SUNY Stony Brook worked together to submit a grant application to the Judge Rivera explained that the lawsuit was based on a contract formed outside of New York for products

  • Licorice Sticks and New York's General Business Law

    basic nutrition information in a way that is easy to understand and allows them to compare different products label on the back of the packaging provides comprehensive nutrition information per serving for the product understanding, the nutrition facts label provides comprehensive nutrition information per serving for the product packaging describes the product as ‘candy’; and reasonable consumers understand that Twizzlers is ‘candy ’s sugar content on the reverse side of the product packaging.”[25] ______________________ Jeffrey

  • Agreements That Are Not Loans Are Not Subject to New York’s Usury Statutes

    In other words, said the Court, “bankruptcy [was] not a default under the Purchase Agreement, entitling As such, the Purchase Agreement was “not subject … to New York’s usury statutes.” Takeaway In New York, there is a presumption that a transaction is not usurious.

  • When Self-Help Discovery Protects FCA Whistleblowers

    In other words, the relator must identify the “who, what, where, when and how of the alleged fraud.” Consequently, self-help discovery exposes the employee to a counterclaim for breach of contract, sanctions, or worse 3730(b)(2)) against the company’s expectation that its confidential and privileged information will be protected Courts that engage in the balancing approach often note that there is a strong public policy that protects It firmly recognizes the importance of protecting whistleblowers against retaliation and incentivizes

  • California Enacts Arbitration Bills That Add Protections For In-State Employees

    In 2015, for example, The New York Times published a series of articles titled, “Beware the Fine Print To protect Californians, and in particular California-based employees, the Legislature sought to level prohibits an employer, as a condition of employment, from requiring an employee who primarily resides and works This is not to say that employers do not have an obligation to protect their rights. Those workers that do have the resources and ability to travel might well find that the protection that

  • Fair Consideration Remains the Critical Defense in New York Fraudulent Transfer Litigation

    Haber New York’s former Debtor and Creditor Law (“DCL”) imposed a straightforward but powerful rule: whether the defendant had established that the funds it received constituted fair consideration for work Although defendant claimed that the transfers related to work it performed, it failed to submit sufficient transfers of funds it received from the [judgment debtors] constituted “fair consideration” for the work proof in admissible form demonstrating that the payments it received constituted fair consideration for work

  • Contract Interpretation: Words Have Meaning

    this subject reflect this fundamental principle of contract interpretation in their title: “ The New York Court of Appeals Reminds Litigants That Words In Contracts Have Meaning ”; “ Contracts That Say What and is susceptible to only one meaning, it should be enforced according to the plain meaning of those words

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