Mitchell Auslander and Sameer Advani Author Chapter on Litigation Avoidance and Prevention in Commercial Litigation in New York State Courts, 5th Edition

November 30, 2020

The newly updated edition of the acclaimed legal publication is a joint venture between Thomson Reuters and the New York County Lawyers’ Association.

Partners Mitchell Auslander and Sameer Advani have co-authored a chapter called “Litigation Avoidance and Prevention,” in the newly released 5th edition of Commercial Litigation in New York State Courts, Thomson Reuters. This ten-volume treatise covers hundreds of new cases while examining the interplay between rules of procedures and substantive law, strategies for representation of plaintiff and defendant, and ramifications of various actions. Chapters include discussion of substantive law across numerous practice areas and industries, as well as practical strategic guidance, such as best practices, analysis and detailed checklists for lawyers. Mr. Auslander and Mr. Advani will be honored by the New York County Lawyers Association with the Conspicuous Service Award for their roles as co-authors in Commercial Litigation in New York State Courts.

Mr. Auslander and Mr. Advani’s chapter addresses a number of fundamental issues that require careful consideration by any party seeking to eliminate (or at least minimize) the risk of potential litigation. The chapter covers strategies for dealing with common issues that arise in everyday business activities before the onset of a dispute, considerations clients and their attorneys should evaluate once a dispute arises, and specific examples of these considerations in the context of particular types of claims and disputes that commonly result in litigation before the courts of New York State.

As the authors note in the chapter, “While it is impossible to catalog the countless circumstances in which disputes can arise, experience has shown that early attention and a well thought-out strategy for dealing with common issues that arise in everyday business activities—well before the onset of a dispute—can help limit a party's exposure to potential claims and better prepare it for dealing with those claims in the event they develop into full-blown litigation. The strategies include, among others, implementing procedures to ensure compliance with applicable laws and regulations, consideration of the consequences of business strategies on regulators, competitors and other potential adversaries, maintaining effective information governance systems, providing comprehensive and continuous employee training, and developing a good working relationship between business people and both in-house and outside counsel.”

Selected portions of Chapter 71, “Litigation Avoidance and Prevention,” by Mitchell Auslander and Sameer Advani, from Thomson Reuters & New York County Lawyers Association’s Commercial Litigation in New York State Courts, (Robert L. Haig editor-in-chief), can be viewed here.