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OP Attorneys’ Commentary on the Court of Appeals’ Tort Decisions Published in New York Law Journal

By Jeffrey S. Lichtman, Richard A. Menchini and Fiona Ley, New York Law Journal - August 24, 2015

During the past twelve months, the New York Court of Appeals has handed down three decisions in which the underlying action was a medical malpractice claim, yet the issues to be decided on appeal had little to do with the malpractice itself. They instead dealt with: the standard for legal malpractice cases where a ruling […]

Successful Proxy Litigation Paves Way for Client’s Slate of Directors at Annual Meeting; Business Judgment Rule No Defense to Entrenchment Tactics

April 9, 2015 OP successfully represented its client, a board member and significant shareholder of Forward Industries, Inc., in a proxy contest against the incumbent board of directors. In the process, OP achieved the rare result of persuading the Court to enjoin the issuance of preferred stock by the company, arguing that the issuance was […]

Mere Affiliation and Co-ownership, Without More, are Not Sufficient Bases to Pierce Corporate Veil

March 25, 2015

OP obtained dismissal of all claims brought by a plaintiff-attorney against OP’s client, a loan servicer who had no relationship with the attorney. The plaintiff-attorney alleged he had a charging lien on a default judgment he obtained for his former client in an action on a second lien mortgage on real property. The default judgment […]

Continuous Representation Doctrine Allows Accounting Malpractice Action to Proceed

March 25, 2015

OP successfully defeated a motion to dismiss its client’s accounting malpractice claim based on the continuous representation doctrine – normally a challenging endeavor in New York. OP’s client, a designer and manufacturer of luxury women’s apparel, brought an accounting malpractice claim against its former accounting firm and its member, which for years served as the […]

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Author Archive | editor