Choosing Arbitration in Construction Cases
Much has been written about the pros and cons of having a construction dispute decided in court instead of arbitration or vice versa. View File  more

HUD IMPLEMENTS NEW PROCEDURES TO PROTECT BORROWERS
As a direct result of the recent abuses in the home lending market, the Department of Housing and Urban Development (HUD) is looking for ways to protect the public-at-large from unscrupulous lenders taking advantage of borrowers by increasing fees and costs at closing or, in the alternative, not disclosing fees or costs at all. View File  more

Businesses, Consumers at Odds Over Proposed Arbitration Act
A column appearing in the June 9, 2009 New York Law Journal discussing the proposed federal "Arbitration Fairness Act" View File  more

Copyright Rules of the Road for Bloggers
What do bloggers need to know to stay out of copyright trouble? From Vol. 3, Issue 1 of the Copyright and New Media Law Newsletter (2009). View File  more

If a Contract Requires a Field Inspection, Do It or Pay the Consequences
A recent case brings to light the need for contractors to pay attention to contract provisions and responsibility for extra costs. From the February 2009 edition of Construction Executive magazine. View File  more

MasterCard card. Card card. Card.
There's a point where trademark management overkill does no favors either to the brand or its would-be defenders. View File  more

An Arbitrator's Failure to Tell All - Will It Translate Into Vacating His or Her Award
The standard of review of arbitration awards is one of the narrowest in all of American jurisprudence and whenever a disgruntled party asks a court to review an award, it is a safe to say that unless that party can demonstrate a discernable lack of integrity in the arbitral process, the award will be confirmed. View File  more

Hands off Blogs!
Proposed regulatory requirement for disclosure of payment to bloggers runs counter to free expression   more

Article in Real Estate Journal, May 2008
Lumbermens Mutual Casualty Co. v. Commonwealth of Penn. View File  more

Lowest Responsible Bidder Denied Contract Cannot Recover Lost Profits
California’s Supreme Court recently reversed a court of appeal’s decision that affirmed a lower court’s denial of bid preparation costs to a "disappointed" bidder on a public contract.   more

Rate-swap agreements allow for borrowers and lenders to mitigate risk of interest rate fluctuations
This article is a brief overview of the expanding rate-swap market segment being utilized by commercial lenders. View File  more

Following Bid Instructions On Public Projects
An article in the October 2007 edition of "Construction Executive". View File  more

Ninth Circuit rejects assertion of jurisdiction based on eBay sale
An adaptation of a recent post by partner Ron Coleman on his LIKELIHOOD OF CONFUSION® blog View File  more

STA Subcontractors News
Subcontractors may not have legal standing in court to review administrative decisions affecting their subcontracts issued by public agencies. View File  more

Roommates in New York Law
An article from a publication of the Real Property Law Section of the New York State Bar Association. View File  more

The Time May Be Right for an Outright Repeal of the Wicks Law
When a private developer embarks upon a construction project, an important up-front decision centers on which delivery system to employ to construct the project. View File  more

Blurring the line between public and private use - Eminent domain
During the past few years, the issue of acquiring properties under New York State’s Eminent Domain Procedure Law (McKinney’s EDPL § 101 et seq.) for private use has been brought into the general public’s eye with the proliferation of projects utilizing takings including the New York Times Co.’s new headquarters in Manhattan, ... View File  more

Liability under Scaffold Law may be alleviated in New York
One of the biggest sources of litigation involving owners of residential and commercial property in New York emanates from what is known as the “Scaffold Law” (Labor Law § 240(1)). View File  more

Picking the Best Forum to Resolve Disputes - Is Your Construction Client Better Off in Arbitration or Court?
It is not an unfamiliar scenario: in the middle of a construction project, the owner is presented with one or more change order by its contractor who believes that certain work the contractor has been directed to perform is beyond the scope of its original contract.   more

Playing the Role of the Advocate at Mediation - Seven Quick Tips Worth Considering
As mediation has increased in popularity the last decade or so, it can no longer automatically be considered an optional, voluntary pit stop on the road to litigation or arbitration.   more

Executive of the Month
From the December 2007 Edition of New York Real Estate Journal View File  more

The Use of Security Agreements by Trade Creditors - Under Revised Article 9 of the Uniform Commerical Code
In an economic climate where a trade creditor is increasingly at risk for payment of goods sold and delivered it makes sound business sense to consider the use of security agreements with new or ongoing customers.   more

Recent Amendment to New York State Labor Law
Recently, New York Labor Law § 191 was amended to require employers of commissioned salespersons to provide a written employment agreement.   more

Have You Googled Your Arbitrator?
Many litigators can relate to the following scenario: A client contacts you to say that he has received an adverse award as a respondent in an arbitration proceeding and asks what you can do to vacate the award. View File  more

Know the Law When Taping Telephone Conversations
Ever since Richard Nixon and Rose Mary Woods gave taping conversations a bad name, many business people have been reluctant to tape telephone conversations without the knowledge of the other party. View File  more

Trusts and Estates Primer
Goetz Fitzpatrick LLP provides sophisticated services in the area of planning and administration of wills, trusts and estates and private family foundations.   more

Highest Court Expands the Right to Demand Reasonable Assurance
As many litigators can attest, frequently clients call upon them for their counsel to assist in devising a strategy that will place the clients in the best possible light should it become necessary to initiate litigation down the line.   more