Brad A. Compston
Author's posts
Mar 13
Minimizing Litigation Headaches by Preserving Electronic Data
Companies embroiled in litigation today are increasingly finding that the requirements and burdens of litigation discovery today bear little resemblance to litigation fifteen, or even ten, years ago. As reliance on technology—e-mail, texting, electronically stored data, etc.—continues to grow, discovery has become more time consuming, expensive, confusing and difficult. Courts have begun to impose new …
Jul 03
Federal District Court for the Southern District of New York
I recently obtained the dismissal of a case filed in the Federal District Court for the Southern District of New York. Our client, an investment company, had been sued for commissions allegedly owed to the Plaintiff under a marketing agreement.
Jul 03
Business Litigation Session of the Suffolk Superior Court
I recently completed a trial in the Business Litigation Session of the Suffolk Superior Court. The case involved a partnership dispute with multiple claims and counterclaims alleging the breach of partnership agreements and violations of fiduciary duties relating to numerous business ventures between the partners dating back over a period of more than thirty years.
Apr 12
Insurance Agent May Be Liable for Oral Misrepresentation of Insurance Coverage
The Massachusetts Supreme Judicial Court recently issued a decision in the matter of Passatempo v. McMeninimen affirming the potential liability of an insurance agent and insurance company for oral misrepresentations made by the agent. In that case, the plaintiff alleged, and the trial court found, that the insurance agent had misstated the benefits provided by …
Sep 21
Growing Use of “Independent Contractor” Label Creates Dangers for Businesses
As the economy continues to struggle, many businesses are relying more and more on independent contractors, and avoiding hiring new employees. Economically, the use of independent contractors offers a number of advantages over hiring traditional employees. Among other things, businesses can avoid paying overtime, payroll taxes, employment and worker’s compensation insurance and Social Security. While …
Jun 01
Mortgage Practices Continue to Be Scrutinized by the Courts
The mortgage industry continues to be a subject of heavy scrutiny in both the press and the courts. Some issues, such as the industry’s widespread failure to properly prove ownership prior to foreclosure and the marketing of subprime loans, have made national news. Others, such as lenders’ failure to pay recording fees when mortgages are …
Oct 25
Using Arbitration Agreements Wisely
Arbitration is an increasingly popular way for many businesses to resolve their disputes, with arbitration agreements appearing in ever more forums; from supply agreements and other business contracts, to employment contracts, to consumer contracts. The advantages of arbitration, when compared to litigation in court, are often numerous. These include greater predictability of litigation costs, reduced …
Aug 20
Using Strategic and Tactical Decision Making to Control Litigation Costs
It is, perhaps, too obvious to be worth noting that the costs of litigation are a primary source of friction between clients and their attorneys. Though a good attorney will do his or her best to advise a client of the likely costs of litigation at the outset of a case, all too often, as …
May 13
Intend What You “Will…”
Konowitz & Greenberg recently represented the Executrix of an Estate in a Will contest filed by the adult children of the decedent, and successfully obtained summary judgment in favor of the Executrix, striking the objections to the Will. While the Court ultimately upheld the validity of the Will, the challenge created considerable expenses for the …
- 1
- 2
About Our Law Firm
Proactive Consultation and Advice
Konowitz & Greenberg, P.C. is not your average law firm. Our unique approach to law both protects individual and corporate clients in the event of law disputes, as well as provides proactive consultation and advice to clients as they plan for success in their business and personal lives.
