As litigators, we not only represent our clients in court, we counsel them on litigation risk mitigation. In that capacity, we are often asked to review proposed commercial contracts for potential pitfalls from a litigator’s perspective. It can be difficult to convince clients of the importance of well-drafted provisions on […]
Filing for bankruptcy often brings pending litigation to a screeching halt as supreme and district court judges are loathed to interfere with the automatic bankruptcy stay. For a party looking to slow play litigation, bankruptcy can be a boon, but in multi-party litigation you are trying to advance, it can […]
The doctrine of res judicata, or claim preclusion, can be a powerful defense when attempting a second bite at the proverbial apple; it precludes a litigant from rehashing a claim with the same parties that was decided on the merits in a prior proceeding. Ordinarily, res judicata even applies when a party fails […]
Nearly every disaster sees its fair share of associated post-mortem insurance coverage litigation. The COVID-19 pandemic is no exception. The wave of litigation already has begun and will follow suit in New York once the courts allow attorneys to file new cases. It is an unfortunate reality that insurance companies […]
In the next part of our series on proactive and practical steps that small businesses can take to improve business operations and productivity, Yankwitt LLP examines another expected wave of litigation – insurance coverage for business interruption losses – arising out of the COVID-19 shutdown. Taking the following steps now […]