Blogs

Client Q & A

Answers to common client questions.
Posted: February 29, 2016

Client Q&A: I have a contract with a foreign government-owned company that has refused to pay me. Can I sue it in the United States?

I have a contract with a foreign government-owned company that has refused to pay me. Can I sue it in the United States? By Vitali S. Rosenfeld As discussed in a prior post, dealing with foreign parties adds a level of complexity to any litigation. But suing a company owned by a foreign state is a unique endeavor governed by...

READ FULL POST

Posted in Client Q & A
Posted: January 25, 2016

Client Q&A: Help! My Adversary Is Being Represented By My Old Lawyer. What Can I Do?

Help! My Adversary Is Being Represented By My Old Lawyer. What Can I Do? By Niall D. O’Murchadha Whether or not a lawyer can continue to represent his or her client in a particular action is quite a common question, and the answer can be complicated and fact-specific. This post sets out the general rules that govern attempts to prevent...

READ FULL POST

Posted in Client Q & A, Law Firms and Professional Ethics
Posted: December 22, 2015

Client Q&A: It looks like I am being sued, but I am not sure the lawsuit has been properly commenced.

It looks like I am being sued, but I am not sure the lawsuit has been properly commenced. By Bradley J. Nash The first step in commencing a lawsuit in New York is filing a summons and complaint in Court. But before the case really starts, the plaintiff must deliver the summons and complaint to the defendant through one of...

READ FULL POST

Posted in Client Q & A, Service of Process
Posted: November 30, 2015

Client Q&A: I am a shareholder in a family-owned business. I think that CEO of the company has been taking advantage of us. Besides firing her, is there anything we can do?

By John M. Lundin Shareholders own the corporation, but the directors and the officers they employ run it. Making sure that corporate officers act in the best interests of the shareholders, who own the company, rather than themselves, is one of the fundamental problems of corporate law. Fiduciary Duties A corporate officer has a fiduciary duty to the corporation and...

READ FULL POST

Posted in Client Q & A, Derivative Actions, Fiduciary Duties
Posted: November 16, 2015

Client Q&A: Responding to a Subpoena in a Criminal Matter

Responding to a Subpoena in a Criminal Matter By Michael A. Battle In Law enforcement has asked me for information about my business. What should I do?, Schlam Stone & Dolan partner Michael A. Battle explained the first steps you should take when contacted by law enforcement. This post discusses the next step, responding to a government subpoena. Now that...

READ FULL POST

Posted in Client Q & A
Posted: November 2, 2015

Client Q&A: Law enforcement has asked me for information about my business. What should I do?

Law enforcement has asked me for information about my business. What should I do? By Michael A. Battle You have just received a subpoena from the Government commanding the production of documents or other information. Or perhaps you have been contacted directly by someone from the FBI, the US Attorney’s Office, the State Attorney General’s office or a District Attorney...

READ FULL POST

Posted in Client Q & A
Posted: October 20, 2015

Client Q&A: I am the beneficiary of a trust, and I’m afraid the Trustee is taking advantage of me. What can I do about it?

I am the beneficiary of a trust, and I’m afraid the Trustee is taking advantage of me. What can I do about it? By Niall D. O’Murchadha Disputes between trustees and beneficiaries are sadly common, and have been happening since trusts were first invented thousands of years ago. As far as we know, trust law was first formalized in ancient...

READ FULL POST

Posted in Client Q & A, Trusts and Estates
Posted: September 21, 2015

Client Q&A: I have to sue a foreign company, but don’t know where and how…

I have to sue a foreign company, but don’t know where and how… By Vitali S. Rosenfeld Just like in any business dealings, a relationship with a foreign counterparty may invite litigation. But international proceedings can bring more uncertainty, because there are more variables. Where do you sue: here (where you are), there (where they are), or somewhere else? Which...

READ FULL POST

Posted in Client Q & A, Jurisdiction, Service of Process
Posted: September 8, 2015

Client Q&A: A competitor just told a lie about me. Can I sue him?

A competitor just told a lie about me. Can I sue him? By Erik S. Groothuis. In the rough-and-tumble of the marketplace, competitors often say things about each other that are less than complimentary. When your competitor’s statements cross the line from providing truthful information (e.g., “we are the highest selling car dealership in New York”) or puffery (e.g., “our...

READ FULL POST

Posted in Client Q & A, Defamation