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

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

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

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

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

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

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

Recent Amendment to New York State Labor Law requires a written agreemenet to protect employers from claims of commissioned employees
Recently, New York Labor Law § 191 was amended to require employers of commissioned salespersons to provide a written employment agreement.   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

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