Recent News - Commercial Litigation


Miller and Kang Victorious in Patent Infringement Trial
August 3, 2018 | Intellectual Property
Gregory Miller and Gene Kang, along with co-counsel from Katten Muchin Rosenman LLP, secured a major victory on behalf of Sun Pharma in a patent infringement (“Hatch Waxman”) trial in the District of New Jersey in connection with Sun’s generic omeprazole product.  The Dexcel Plaintiffs alleged that Sun’s omeprazole product infringed their patent because it …
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Korman, DiGennaro, Lastorino and Mascia Victorious at Second Circuit Court of Appeals
August 1, 2018 | Appeals
Korman, DiGennaro, Lastorino and Mascia were victorious at the Second Circuit Court of Appeals.  In a published opinion, the Second Circuit affirmed a district court order dismissing the plaintiff’s action to recover damages under the Fair Debt Collection Practices Act (“FDCPA”).   The firm represented a law firm that was sued under the FDCPA for allegedly commencing …
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MRI Supplier Granted Dismissal with Prejudice
July 30, 2018 | Commercial Litigation
In a bench trial in the Superior Court of New Jersey, Hudson County, Barry Levy and John Robertelli persuaded the Hon. Jeffrey R. Jablonski to dismiss Plaintiff’s claims against our client, Monarch Medical, with prejudice. The Plaintiff, North Jersey Imaging Center, filed a complaint against our client, an MRI equipment supplier, following the sale of …
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Del Pizzo Attends CIANJ’s First Networking Event For Women
July 30, 2018 | Intellectual Property | Commercial Litigation | Privacy, Data & Cyber Law
Nancy Del Pizzo joined nearly 200 other women at the first CIANJ Women in Commerce networking event at the Upper Montclair Country Club. The event attracted professionals across various industries, including communications, law, engineering, finance and banking, hospitals and more. The mission of the CIANJ (Commerce and Industry Association of New Jersey) is to be …
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Iseman Quoted in Follow-Up HealthLeaders Media Article
July 26, 2018 | Health Services | Commercial Litigation | Compliance Investigations & White Collar
Robert Iseman was quoted in a follow up article from earlier this month with HealthLeaders Media, “ACA Risk Adjustment Payments Unfrozen.” The article advised that after two and a half weeks of uncertainty for insurers the Centers for Medicare and Medicaid Services announced a final rule to resume risk-adjustment payments under the Affordable Care Act of …
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Grill and Murphy Win Pre-Answer Motion to Dismiss
July 24, 2018 | Commercial Litigation | Real Estate, Zoning & Land Use
Kenneth C. Murphy and David M. Grill obtained an Order dismissing Plaintiffs-Tenants Supreme Court action seeking a declaratory judgment that their apartment is subject to rent regulation.   In short, Plaintiffs commenced the underlying action seeking a declaratory judgment that their apartment is subject to New York’s Rent Stabilization Law (RSL) and the Rent Stabilization Code …
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Versichelli and Misiti Obtain Summary Judgment
July 13, 2018 | Insurance Coverage | Commercial Litigation
Michael Versichelli and Frank Misiti obtained summary judgment dismissing claims against State Farm Mutual Automobile Insurance Company for defense and indemnification of an underlying wrongful death/personal injury judgment in the amount of $2.98 million. The underlying lawsuit arose out of a motor vehicle accident whereby the insured’s daughter was following the insured (her mother) in …
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Iseman Quoted in HealthLeaders Media
July 11, 2018 | Health Services
Bob Iseman was quoted in a HealthLeaders article, “Is Panic Over Risk Adjustment Loss Much Ado About Nothing?” The article discusses the loss of the risk adjustment payments that healthcare insurers depend on to remain profitable under the Affordable Care Act. Iseman informed them, “you have to approach this from the political angle. A lot of …
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Honig and Bholan Win Summary Judgment in Partition Action
July 11, 2018 | Commercial Litigation
In an action seeking partition and sale of a building on Second Avenue in Manhattan, Jeremy Honig and Michelle Bholan successfully obtained summary judgment for their Plaintiff clients,  50% owners of the building, against the Defendant, the other 50% owner of the building. Plaintiffs sought partition and sale of the building, which was encumbered by …
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Riverso, Honig and Han Victorious in Real Estate Developer Court Proceeding
July 10, 2018 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Pia Riverso, Jeremy Honig and Lawrence Han were victorious in a proceeding commenced on behalf of their real estate developer client pursuant to Article 4 of the Civil Practice Law and Rules, and Section 881 of the Real Property Actions and Proceedings Law.  The client’s development project was delayed for over 9 months due to …
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Glambosky and Honig Vanquish Former Commercial Tenant on behalf of Naftali Group
July 10, 2018 | Construction | Commercial Litigation
Erez Glambosky and Jeremy Honig scored a significant victory on behalf of developer Naftali Group, by successfully defeating a commercial tenant’s illegal lockout proceeding. The commercial tenant, a Pilates Studio, alleged that it had not surrendered the premises to the landlord. It never gave the landlord the keys or an affidavit acknowledging the surrender. The …
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Riverso Presents for Women Inspiring Successful Enterprise
June 20, 2018 | Construction | Commercial Litigation
Pia E. Riverso participated in the Manhattan College W.I.S.E. (Women Inspiring Successful Enterprise) Summer Funded Internship Program professional development series.  Pia presented to a group of female students who were selected from the college based on their scholastic and community achievements to participate in summer intern programs in various businesses in the metropolitan area.  Pia …
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Del Pizzo Offers Insight on ADA Compliance to Business News Daily
June 12, 2018 | Compliance Investigations & White Collar
Nancy Del Pizzo was quoted in a June 10, 2018, Business News Daily article entitled, “Is Your Website ADA Compliant?” The article outlines what businesses can do to comply with the federal Americans with Disabilities Act to make their website accessible to those with disabilities. To read the article, click here. …
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Ade and Del Pizzo Named to Bergen’s Top Lawyer List for 2018
June 7, 2018 | Intellectual Property | Insurance Coverage | Complex Torts & Product Liability | Commercial Litigation | Privacy, Data & Cyber Law
HACKENSACK, NJ  – – Rivkin Radler LLP is pleased to announce that Brian Ade and Nancy A. Del Pizzo have been named two of Bergen’s Top Lawyers for 2018 by (201) Magazine.  The Bergen’s Top Lawyers list is based on a peer-reviewed survey conducted by Professional Research Services of Troy, Mich. The survey was sent …
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Troisi, Korman, Mascia and Bholan Secure Important Appellate Victory
June 4, 2018 | Insurance Coverage | Appeals
Rivkin Radler secured a victory in the first appellate case to interpret Insurance Law § 3408(c) since a 2014 amendment. Under § 3408(c), a property insurer or an insured can demand that appraisers selected by the parties decide disagreements over the amount of the loss. Typically, insurers argue that an appraisal is confined to an …
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Wiley Presents Estate Plan Trends of 2018
May 18, 2018 | Trusts & Estates
On May 16, 2018, Dennis Wiley presented “Estate Plan Trends of 2018” to clients of TIAA-Cref at a seminar organized by Matt Spero.  Boris Benic, CPA was a co-presenter.   …
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Murphy Secures Dismissal of All Claims in Law Firm Suit
May 17, 2018 | Commercial Litigation
Judge George B. Daniels of the Southern District of New York recently dismissed all causes of action in a suit brought by two plaintiffs, a disgruntled former associate and a contract attorney previously employed by a boutique law firm. In the matter of Brian Brook and Matthew Peed v. Simon & Partners LLP, (17-cv-6435 (GBD)), …
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Del Pizzo Argues Mock TRO and PI Motion with Colleagues in Educational Session
May 16, 2018
On Monday, May 14, 2018, Nancy Del Pizzo joined the Hon. Stanley R. Chesler, U.S.D.J., Thomas Meloro, a partner at Willkie Farr & Gallagher LLP,  and Brandon Fierro, an associate at Lowenstein Sandler LLP, to present on ex parte motions for Temporary Restraining Orders (TRO) and Preliminary Injunctions (PI) and PI motions, generally, to members …
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Levy, Bank and De La Hoz Secure Pre-Answer Dismissal
April 26, 2018 | Employment & Labor
Barry Levy, Brian Bank, and Catalina De La Hoz secured pre-answer dismissal, with prejudice, of all claims against their client, a labor union, brought by a former union member.  The case arose after the union declined to file an Article 75 proceeding to vacate an arbitration award sustaining the termination of the former member’s employment …
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Glambosky, Honig and Bholan Victorious
April 19, 2018 | Commercial Litigation
Erez Glambosky, Jeremy Honig and Michelle Bholan successfully defeated a motion by plaintiff, a former employee of our client, seeking to re-argue the court’s dismissal of her complaint in which she alleged that she had been unlawfully terminated. In denying Plaintiff’s motion, the Court adhered to its prior determination to dismiss the complaint, noting that …
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Mulè to Host Third BOSS Program
April 12, 2018 | Real Estate, Zoning & Land Use
On Thursday, May 17, from 8:30 a.m. to 10:00 a.m. Michael Mulè will host the third program in the Business Owners Seminar Series (BOSS) at Rivkin Radler’s offices. The program, “Brick-and-Mortar Matters: Negotiation and Location Strategies,” will discuss issues arising when selecting or expanding your business’s location. Attendees will hear from partners Scott Feuer, Michael Heller, Jeremy Honig, …
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Mascia Obtains TN Visa for Canadian Computer Systems Analyst
March 29, 2018 | Employment & Labor | Corporate
Henry Mascia obtained a TN visa for a computer systems analyst from Canada.  The foreign national had received and renewed a TN visa in the computer systems analyst category for many years.  But on his last attempt to renew, the officer at the port of entry denied his application.  The firm ascertained the basis for the …
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Honig and Bholan Successfully Defeat Motion for Summary Judgment
March 22, 2018 | Commercial Litigation
Jeremy Honig and Michelle Bholan prevailed in defeating a motion seeking summary judgment on a breach of contract claim and to dismiss the counterclaims of their client, a general contractor, for breach of contract and unjust enrichment.  The court, in denying Plaintiff’s motion for summary judgment, held that there were several disputed issues of material …
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Rivkin Radler Attorneys Named 2018 New Jersey Super Lawyers
March 19, 2018 | Brian R. Ade | Nancy A. Del Pizzo | Gene Y. Kang | Intellectual Property | Insurance Coverage | Commercial Litigation | Privacy, Data & Cyber Law
HACKENSACK, NJ  – – Rivkin Radler LLP is pleased to announce that Brian Ade, Nancy A. Del Pizzo and Gene Kang have been named 2018 New Jersey Super Lawyers.  Ade was named a Top Rated Products Liability Attorney; Del Pizzo was named a Top Rated Intellectual Property Litigation Attorney; and Kang was named a Rising …
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Rivkin Radler Makes a Splash at Women in Law Conference in Philadelphia
March 15, 2018
Nancy Del Pizzo was joined by Kori Clanton, Michelle Bholan, Johanna Sanchez and Catalina De La Hoz at the Women in Law & Leadership Summit in Philadelphia on March 14. Nancy spoke on a panel entitled, “Who is My Mentor and Developing a Sponsor,” and ran a roundtable discussion on the topic. The panel talked …
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Schieber Secures Victory In Enforceability of a Forum Selection Clause
March 9, 2018 | Evan R. Schieber | Construction | Commercial Litigation
Evan Schieber secures a victory for a Condominium client concerning the enforceability of a forum selection clause.  The Court upheld a forum selection provision in  a settlement agreement that favored the Condominium.  The decision is noteworthy as it, for the first time, called into question the enforceability of a forum selection over a seemingly competing …
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Spero, Gordon & Farino Attend 26th Annual Moot Court Competition
March 8, 2018 | Bankruptcy
On March 5, 2018, Jeannine Farino, Stu Gordon, and Matt Spero attended the reception for the 26th Annual Duberstein Moot Court Competition in New York City. The Duberstein Competition is a bankruptcy law-related moot court competition sponsored by St. John’s School of Law and the reception is attended by bankruptcy professionals and judges from around …
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Riverso Quoted in Article for Sober Home Regulations
February 21, 2018 | Commercial Litigation
Pia Riverso was quoted in an online news source, Tap Into Yorktown, entitled, “Legislators, Sober Home Owners Call for Regulation.” The article pinpoints the harm that sober homes are causing in communities due to the lack of regulations over these private homes. In the article, Riverso informs, “Every day we drive by that facility, they’re still …
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Grill and Welch Awarded Strict Liability
February 14, 2018 | David M. Grill | Michael P. Welch | Insurance Coverage | Construction | Commercial Litigation
David M. Grill and Michael Welch obtained a significant victory on behalf of their client who owns a residential property in Brooklyn. Specifically, they were awarded partial summary judgment for the client on the issue of an adjoining property owner’s strict liability. The award was pursuant to New York City Building Code § 3309.4, for …
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Del Pizzo to Speak at The Women in Law and Leadership Summit
February 2, 2018 | Intellectual Property | Commercial Litigation | Privacy, Data & Cyber Law
On March 14, Nancy Del Pizzo will speak on a panel entitled, “Who is My Mentor and Developing a Sponsor” at The Women in Law and Leadership Summit in Philadelphia. The Women in Law & Leadership Summit explores the career obstacles, risks and rewards on the path to a fulfilling and productive career for women lawyers. This conference will …
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Calabrese and Sanchez Defeat Motion to Dismiss Complaint
January 19, 2018 | Commercial Litigation
Justin Calabrese and Johanna Sanchez successfully defeated a Defendant’s pre-answer motion to dismiss their clients’ complaint. The complaint asserted causes of action for fraud in the inducement, breach of fiduciary duties, unjust enrichment and a constructive trust. The central issues involved: Whether a party can assert independent torts claims and damages claims when the parties’ …
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Rivkin Radler to Host Intellectual Property Presentation
January 9, 2018 | Intellectual Property
On Thursday, January 18, from 8:30 a.m. to 10:00 a.m., Michael Mulè will host the first program in the Business Owners’ Seminar Series (BOSS). Michael Cannata, Frank Misiti and Steve Smirti will give a presentation entitled, “Intellectual Property 101: IP Issues in Marketing and Advertising.” During this session, business owners will learn tactics from partners in …
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Gold Obtains Successful Verdict
January 9, 2018 | Commercial Litigation
After a two-day trial in the Civil Kings Commercial Landlord-Tenant Part, Dana Gold obtained a successful verdict for a client.  The case involved a parking garage tenant who was recently evicted based on their failure to issue payments in excess of $50,000 pursuant to a so-ordered stipulation of settlement.  The tenant challenged the eviction, claiming …
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Gurdus Presenting CLE for NCBA
January 3, 2018 | Insurance Coverage
Jason Gurdus will be presenting a Dean’s Hour CLE for the Nassau County Bar Association on January 30, 2018 on the topic of “New York Insurance Construction Defects.” The Dean’s Hour, hosted by Michael Cannata and Frank Misiti, co-chairs of the NCBA’s Insurance Law committee, will feature a talk highlighting insurance coverage considerations in connection with construction …
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Rivkin Radler Elects Three New Partners
January 2, 2018 | Insurance Fraud | Commercial Litigation | Trusts & Estates
UNIONDALE, NEW YORK – January 2, 2018 – Evan H. Krinick, Managing Partner of Rivkin Radler LLP, is pleased to announce that Michael Schnepper, Frank Tiscione and Dennis Wiley have been elected Partners. “These attorneys have performed exceptionally well over the years in all aspects of their fields, always exemplifying Rivkin Radler’s commitment to professional …
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Glambosky and Honig Score Major Victory for Landlord
December 22, 2017 | Real Estate, Zoning & Land Use
Erez Glambosky and Jeremy Honig scored a major victory on behalf of a landlord in a summary non-primary holdover proceeding after a six-day bench trial in Civil Court, New York County. The crux of the dispute was whether the current occupant of a rent-stabilized unit on the Upper West Side of Manhattan, who was the …
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Grover and Versichelli Win Dismissal of Plaintiff’s Bad Faith Claim
December 15, 2017 | Insurance Coverage
Keith Grover and Michael Versichelli recently won dismissal of two causes of action against our client, State Farm, in a lawsuit for underinsured motorist benefits in the Supreme Court, Nassau County.  The Supreme Court granted State Farm’s pre-answer motion and dismissed plaintiffs’ second and third causes of action, for bad faith and breach of State …
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Complaint Under Connecticut’s Apportionment Rules Sustained
November 28, 2017 | Commercial Litigation
Michael Mulè obtained a memorandum of decision on behalf of NRZ REO Inventory Corp. sustaining Rivkin Radler’s objection to plaintiff’s motion to dismiss an apportionment complaint that Rivkin Radler filed on behalf of NRZ in Connecticut State Court. …
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Queenan Attends Annual Capital Holiday Lights in the Park Fundraiser
November 20, 2017
On Friday November 17, 2017, John Queenan, a board member of the Albany Police Athletic League League (PAL), attended the opening night of Capital Holiday Lights in the Park on Washington Park, the border of which Rivkin Radler’s Albany office sits. The opening night is a sponsor only attendance night and marks the official start …
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Krinick, Savino and Mascia Honored with Leadership in Law Awards from LIBN
November 17, 2017
NEW YORK – – Nov. 16, 2017 – Rivkin Radler is proud to announce that William M. Savino, Evan H. Krinick and Henry M. Mascia have each received a Leadership in Law award from Long Island Business News in the categories of Lifetime Achievement, Partner and Associate, respectfully. The awards recognize individuals who demonstrate dedication, …
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Queenan Presents at Albany Law School’s Recent Graduate CLE Program
November 17, 2017
On November 17, John Queenan presented at Albany Law School’s “Recent Graduate CLE Program” held on the law school campus. John presented on the topics of  “Factual Investigation Through Witness Interviews” and “Selection and Interviews of Experts”.  Sponsored by the National Alumni Association (NAA) of Albany Law School , the CLE program provides 16 free CLE …
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Jones, Monteleone, LaPorta and Korman Defeat Appellate Motion for Stay of Summary Judgment
November 14, 2017 | Michael J. Jones | Cheryl F. Korman | Insurance Coverage | Commercial Litigation | Appeals
Michael Jones, Joseph Monteleone, Anthony La Porta and Cheryl Korman defeated an insured’s efforts to obtain a stay of an award of summary judgment in favor of our client. Michael successfully argued to the trial judge that the former CEO of a defunct online video management company is not entitled to $5 million in insurance …
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Mascia Quoted in Newsday
November 13, 2017 | Corporate
Henry Mascia was interviewed by Newsday regarding increased scrutiny that will be placed on immigration enforcement in the New Year. Mascia advises employers to review their procedures for verifying the work authorization of prospective or new employees. They should also know when existing employees’ work authorizations will expire, and have a system to notify the proper …
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Krinick Published in Insurance Coverage Law Report
October 30, 2017 | Insurance Coverage
Evan Krinick’s article, “Diverse Legal Issues Can Arise in Insurance Fraud Prosecutions,” which first appeared in the New York Law Journal, was published in the fall 2017 issue of FC&S Legal’s Insurance Coverage Law Report. To read the article, click here. …
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Rivkin Radler Presents Panel Program, “Defending a False Claims Act Allegation”
October 24, 2017 | Compliance Investigations & White Collar
On Thursday, November 16, Rivkin Radler will present a panel program entitled, Defending an FCA Allegation: Forewarned Is Forearmed. Moderated by Brian Bank, the panel will deconstruct real, unsealed False Claims Act cases. Panelists include Rivkin Radler partners Robert Iseman and Geoffrey Kaiser, Paul Kaufman of Northwell Health and BDO’s Patrick Pilch. CLE credits are available. …
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Queenan and Bernstein Present at Employment First Conference in Albany
October 18, 2017 | Employment & Labor
John Queenan and Dan Bernstein presented on the topic “Disability in the Workplace: Protections under Federal and State Law” at the Employment First conference hosted by Our Ability and New York Business Leadership Network on Wednesday, October 18, 2017 in Albany.  Our Ability is the only disability owned and operated business dedicated to building employment …
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Grill, Honig, and Schieber Prevail after Framed Issue Hearing
October 9, 2017 | Construction | Commercial Litigation
David M. Grill, Jeremy Honig and Evan Schieber successfully defeated defendant’s motion to compel arbitration of their client’s breach of contract action following a framed issue hearing in Supreme Court, Westchester County. The action was commenced to recover the client’s deposit, which the defendant refused to return following the client’s attempt to cancel purchase orders …
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Glambosky, Honig and Bholan Obtain Dismissal of Complaint Against Client
October 9, 2017 | Construction | Commercial Litigation | Real Estate, Zoning & Land Use
Erez Glambosky, Jeremy Honig and Michelle Bholan prevailed in obtaining dismissal of a complaint filed by a former employee of our client alleging that she was unlawfully terminated. After voluntarily discontinuing an identical prior action against our client with prejudice pursuant to a Stipulation of Discontinuance, counsel for the former employee commenced a new action …
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Del Pizzo Presents at ABA Conference in Los Angeles
October 3, 2017 | Intellectual Property | Commercial Litigation | Privacy, Data & Cyber Law
On September 28, Nancy Del Pizzo presented at the American Bar Association Litigation Section’s workshop, “Maximizing Expert Witnesses: Best Strategies and Practices for Selecting, Using, Challenging and Defending Expert Witnesses.” Approximately 30 people attended the workshop, which was hosted by Munger, Tolles & Olson LLP in Los Angeles. Del Pizzo’s panel presented on the topic: …
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17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Insurance Fraud | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Trusts & Estates
Uniondale, New York – October 2, 2017 – The prestigious Best Lawyers in America® has included Rivkin Radler LLP in its U.S. rankings for 2018.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows: Albany, …
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