Recent Publications - Anna Mandel

Notice Of Termination Constitutes “Adverse Employment Action” Even If the Employee is Never Actually Terminated
August 14, 2017 | Jonathan B. Bruno | Anna Mandel
The United States Court of Appeals for the Second Circuit has recently held that notice to an employee that she will be terminated is sufficient to form the basis of a Title VII of the Civil Rights Act of 1964 (“Title VII”) and Family and Medical Leave Act (“FMLA”) claim against the employer even if …
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Is An Attorney’s Misdemeanor Conviction A Prerequisite To New York Judiciary Law § 487 Claims?
June 2, 2017 | Jonathan B. Bruno | Anna Mandel | Professional Liability
United States Magistrate Judge Hugh B. Scott of the United States District Court for the Western District of New York recently held, in a report and recommendation, that a plaintiff must plead that an attorney has been convicted of a misdemeanor before she can state a claim for the recovery of treble damages pursuant to …
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New York’s Borrowing Statute May Be Used As An Affirmative Defense To Legal Malpractice
November 8, 2016 | Professional Liability
The New York Supreme Court, New York County (Justice Ostrager), recently issued a decision, Centre Lane Partners, LLC et al. v. Skadden, Arps, Slate, Meagher & Flom LLP et al., addressing New York’s borrowing statute in the context of legal malpractice claims. New York’s borrowing statute, CPLR 202, provides that: an action based upon a …
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Equitable Recoupment: A Shield To Attorneys’ Recovery Of Legal Fees
August 9, 2016 | Professional Liability
The Appellate Division, Second Department, recently issued a decision, Lewis, Brisbois, Bisgaard & Smith, LLP v. Law Firm of Howard Mann, addressing the concept of equitable recoupment in the context of attorneys’ actions for legal fees against former clients. Pursuant to a written retainer agreement, Howard Mann of the Law Firm of Howard Mann retained …
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