The rules governing the use of expert witness affidavits to oppose, or support, motions for summary judgement in New York, especially in the Appellate Division, Second Department, often are misunderstood. There are cases in which the trial court does not consider an expert’s affidavit because the party that tries to…
New York Business Lawyer Blog
In Negotiations, Can Silence Be Golden?
When it comes to negotiating the best deal possible most people consider words to be king. If you make an offer there has to be a justification. If you refuse the offer, you immediately have to make a counter-proposal, and justify it. You tout the benefits of your product, justify…
When Is An Insurance Broker Liable For A Coverage Mistake In New York?
Everyone knows the devastation caused by Hurricane Sandy: property destroyed; power lost; lives disrupted. No one expected it, but everyone has to live with it. Insurance is supposed to help put the pieces back together. But who’s responsible when the insurance you have isn’t the insurance you need? Nothing good…
Trademarks and Businesses: Branding Made Better
A well thought out business plan should ensure steady, profitable growth by providing goods or services that customers want and can rely upon. One way to achieve this is through brand loyalty, which some would argue is the key to success. If you want to be around in ten years,…
Text Mining: A Divining Rod For Insurance Fraud?
We’ve previously talked about how technology can be used in fraud investigations; basically, it can help investigators pay attention to the important things. The trick is learning, and keeping up with, what is important. A good tool for doing this is text mining. By taking advantage of a computer’s ability…
Business Negotiations 101: Know Your Fallback Position
As we have talked about, negotiations are important, to businesses, their employees, and customers. Everyone wants to get the best deal possible. Being able to achieve it, however, is no easy task. How you conduct negotiations, the negotiation strategies that you should follow in order to get what you need…
How To Investigate Insurance Fraud: LISTEN
When you are investigating insurance fraud, what is technology really good for? The answer may surprise you: Listening. Listening: Everyone knows what it is. Everyone knows how to do it. And everyone believes they do it well. Whether it’s investigating insurance fraud, negotiating a business deal, or trying a case,…
How To Get What You Want In Business Negotiations: Is Hardball Always Necessary?
How to succeed in negotiations is open to debate. It depends in large part on what you mean by success. Business owners, in New York and elsewhere, often think it means they have to win, and their negotiating partner, who they often view as their opponent, has to lose. Hardball,…
The Art of the Interview: Why Investigators Still Count In Investigating Insurance Fraud
Technology is not the only thing you need to investigate insurance fraud. Technology might tell you who to question, but someone still has to do the questioning. Analysis of big data might give you a lot to talk about, but someone, preferably with a little training and experience, is going…
How Should You Negotiate? Know What You Want
Negotiations are an important part of everyday existence for all businesses, whether big, medium, or small, whether they are located in New York, around the country, or anywhere in the world. Every time businesses buy and sell goods and services, they negotiate. Business owners want to buy low and sell…