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Genericide in the 21st Century: Overexposure of the Modern Brand

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs...

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Getting Confessions: The Reid Interrogation Technique

Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes...

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Legal Theft By Adverse Possession

While I handle only personal injury cases and criminal defense cases,  on occasion I am contacted by someone who is particularly irritated by a neighbor who has constructed a fence on the wrong side of...

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Transfer on Death Deed Under the Texas Real Property Transfer on Death Act.

The Texas Real Property Transfer on Death Act, found under Chapter 114 of the Texas Estate Code, provides that after September 1st, 2015 the State of Texas will recognize a deed which transfers...

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Polygraphs in the Criminal Justice System

In the criminal justice system, the prosecutor is obliged with bringing justice. That means, even though someone comes into his or her office complaining of being wronged, the prosecutor has an...

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To Partner or Not to Partner

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there...

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Defendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply...

As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable...

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Labor Law Claims Dismissed Based On Proximate Cause

The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell...

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Insurance Coverage Can Not be Created by Untimely Disclaimer

In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff...

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Hacking Privileged Communications Warrants Striking Answer

The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole...

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