Alexsei produces high-quality and comprehensive legal research memos on demand for all areas of law.

From the most complex to the most routine question, Alexsei's objective overview of the law is the perfect starting point for any client matter. See below a collection of sample memos.

Ontario, Canada

Is a Vice President of Sales a fiduciary by virtue of their role or title?

California, United States of America

Can a person legally adopt a child, becoming their third parent, if the child already has two legal parents?

California, United States of America

Under what circumstances can deposition testimony be admitted under Cal. Evid. Code § 1291(a)(2)?

New York, United States of America

Are liquidated damages clauses enforceable in New York?

Texas, United States of America

Upon divorce, how do Texas courts determine which spouse gets to keep pets acquired during the marriage?

California, United States of America

If a plaintiff is financially unable to pay anticipated arbitration costs can they pursue the action in court despite being subject to an arbitration agreement?

Florida, United States of America

In what circumstances will a court grant a request to limit the discovery of electronically stored information to certain keyword search terms?

Delaware, United States of America

Are liquidated damages clauses enforceable in Delaware?

Maryland, United States of America

In what circumstances will evidence of prior “sexually assaultive behavior” be admissible pursuant to Md. Code, Cts. & Jud. Proc. § 10-923(b)?

Washington D.C., United States of America

What are the exceptions to the general rule that an employee’s injuries incurred while commuting to or from work do not arise out of and in the course of their employment?

New York, United States of America

Upon divorce, how do New York courts determine which spouse gets to keep pets acquired during the marriage?

New York, United States of America

In what circumstances may a plaintiff proceed anonymously by filing a complaint under a pseudonym?

California, United States of America

Can a slip or trip and fall plaintiff prove causation if they have no memory of the accident and there were no witnesses to the accident?

Texas, United States of America

When punitive damages are awarded against a group of defendants, are the defendants jointly and severally liable for the punitive damages award?

Connecticut, United States of America

Are liquidated damages clauses enforceable in Connecticut?

Connecticut, United States of America

In what circumstances will a Connecticut court find that a warrant was executed with unreasonable delay?

Delaware, United States of America

In Delaware, what fiduciary duties does a general partner owe to a limited partner in a limited partnership?

Florida, United States of America

Upon divorce, how do Florida courts determine which spouse gets to keep pets acquired during the marriage?

Ontario, Canada

What is the difference between a fraudulent preference and a transfer at undervalue?

Connecticut, United States of America

In complaint proceedings before professional regulators, is expert evidence necessary to establish the appropriate standard of care?

Delaware, United States of America

How do the courts determine whether a shareholder’s claim is direct or derivative?

Texas, United States of America

Does a Texas insurance broker owe a fiduciary duty to their clients when procuring policies?

Connecticut, United States of America

Upon divorce, how do Connecticut courts determine which spouse gets to keep pets acquired during the marriage?

Connecticut, United States of America

Is a police officer immune from liability under Conn. Gen. Stat. § 52-557n(a) for injuries caused by the negligent operation of a police vehicle?

Federal, United States of America

Does an employer create a hostile work environment by failing to take action in response to an employee’s sexual harassment of a co-worker?

Ontario, Canada

Will a business interruption insurance policy cover losses stemming from forced closures of certain businesses due to the COVID-19 crisis?

Florida, United States of America

What is the statute of limitations for a legal malpractice claim in Florida?

Connecticut, United States of America

How do the courts determine whether a statement with respect to the rental of a dwelling is discriminatory for the purposes of Conn. Gen. Stat. § 46a-64c(a)(3)?

Federal, United States of America

In what circumstances does the deliberative process privilege apply to allow a public agency to withhold disclosure under the Freedom of Information Act?

Ontario, Canada

Does the employer have a duty to accommodate the person by allowing them to work from home?

Ontario, Canada

Is an employer who refuses to implement work from home or other disease mitigation strategies during an outbreak liable in negligence if an employee gets sick?

California, United States of America

How do California courts determine causation in breach of warranty and negligence actions arising from food poisoning?

California, United States of America

Is the plaintiff in a Cal. Lab. Code § 1102.5 whistleblower retaliation claim required to prove that the employer’s proffered reason for the employee’s termination was merely a pretext for retaliation?

New York, United States of America

Is the balance of a contract enforceable if a specific provision is unenforceable and there is no severability clause?

Ontario, Canada

If a business has been temporarily shut down by the government, is that business obligated to continue to pay rent for their commercial premises?

Ontario, Canada

If a business has been temporarily shut down by the government, is that business obligated to continue to pay rent for their commercial premises?

Washington D.C., United States of America

Upon divorce, how do DC courts determine which spouse gets to keep pets acquired during the marriage?

Ontario, Canada

What is considered to be an urgent civil matter that the court will hear when the court is otherwise closed due to the COVID-19 pandemic?

Ontario, Canada

What obligations, if any, does a residential landlord have to protect the health and safety of the tenants if a tenant of the building is diagnosed with a highly infectious disease and quarantined in their unit?

Florida, United States of America

In what circumstances will an expert’s evidence be excluded due to the expert’s lack of qualifications?

California, United States of America

Can a plaintiff still enforce a contract if the plaintiff previously breached the contract?

California, United States of America

Does the manufacturer of a turkey deep fryer have a duty to warn that turkeys should not be placed in the fryer unless completely thawed?

Ontario, Canada

Does Uber owe a duty of care to its driver partners to insure them for both SABS and liability in the event of a motor vehicle accident in which the driver partner's personal auto insurer takes an off coverage position?

Ontario, Canada

What factors do Ontario courts consider when determining a dependency support award for the ex-wife of a testator?

Saskatchewan, Canada

What is the limitation period for the enforcement of a Builder's Lien?

Maryland, United States of America

Upon divorce, how do Maryland courts determine which spouse gets to keep pets acquired during the marriage?

British Columbia, Canada

How have B.C. courts treated the issue of relevance on a Defendant’s motion for production of a Plaintiff’s social media photographs, and specifically of a request to produce all of the Plaintiff’s photographs from Instagram?

British Columbia, Canada

For the purposes of a matrimonial property division, how have the Courts in B.C. dealt with the issue of valuing a beneficial interest in a discretionary trust?

Florida, United States of America

Under what circumstances will a court impute income to a custodial parent when determining child support?

Alberta, Canada

For the purposes of a matrimonial property division, how have the Courts in Alberta dealt with the issue of valuing a beneficial interest in a discretionary trust?

Ontario, Canada

In a Fraudulent Conveyancing Act/Bankruptcy and Insolvency Act preference claim, can the pre-litigation costs (costs incurred prior to the claim being issued) incurred by either party be awarded at the conclusion of the trial on the issue of costs?

Maryland, United States of America

In what circumstances can a physician be found liable for wrongful death for failing to diagnose a condition earlier than it was diagnosed?

Texas, United States of America

In what circumstances will a Texas court find a defendant liable for the tort of abuse of process?

Saskatchewan, Canada

How do the courts in Saskatchewan treat a post-separation increase in spousal income for the purposes of calculating variations in spousal support?

Nova Scotia, Canada

How do the courts in Nova Scotia treat a post-separation increase in spousal income for the purposes of calculating variations in spousal support?

Ontario, Canada

In determining the appropriate reduction to an award for lump-sum retroactive spousal support arrears, will a court consider the amount that the paying spouse has already paid in income tax where the retroactive award is based on imputed income?

New York, United States of America

Does the accidental sharing of privileged information and advice with an opposing party result in the waiver of attorney-client privilege?

British Columbia, Canada

In determining the appropriate reduction to an award for lump-sum retroactive spousal support arrears, will a court consider the amount that the paying spouse has already paid in income tax where the retroactive award is based on imputed income?

Ontario, Canada

What constitutes “co-habiting” with a new partner for the purpose of meeting the material change test under a separation agreement?

Ontario, Canada

What is the test on a motion brought by a payor parent under s. 17(1) of the Divorce Act to vary and retroactively reduce a child support order?

Ontario, Canada

Can a plaintiff redact confidential or irrelevant documents or portions thereof contained in their AOD?

British Columbia, Canada

Does a court have to take into account the spousal support advisory guidelines when awarding support?

Ontario, Canada

What's the test for negligent design in product liability cases?

Ontario, Canada

How do courts treat consent issues in motor vehicle accident cases on motions for summary judgment?

Ontario, Canada

Did the accident described in the facts below result from the use or operation of a motor vehicle such that the threshold and deductible are applicable, or was the chain of causation sufficiently broken?

Ontario, Canada

In Ontario, in instances in which there are post-separation increases in income, when do such post-separation increases in payor income result in increases of spousal support to support recipients and when do they not?

Ontario, Canada

For the purposes of spousal support, under what circumstances is "triangulation" relevant in applying the Halliwell (ONCA 2017) analysis for post-separation income over $350,000?

British Columbia, Canada

In B.C., in instances in which there are post-separation increases in income, when do such post-separation increases in payor income result in increases of spousal support to support recipients and when do they not?

British Columbia, Canada

On a family law motion for contempt in B.C., having found the mother in contempt for not abiding by court-ordered access, under what circumstances will the court order a custody reversal?

New York, United States of America

When punitive damages are awarded against a group of defendants, are the defendants jointly and severally liable for the punitive damages award?

Ontario, Canada

How does the Insurance Act of Ontario scheme interact with waiver and estoppel with respect to rights under insurance contract — When insurer’s assumption and continuation of defence of action is assurance of coverage for purposes of estoppel — If so, what amounts to “detrimental reliance”.

Alberta, Canada

How have Alberta Courts treated holographic wills when there is a question of whether the testator had capacity while under the influence of medication. or drugs.

Ontario, Canada

Is a person entitled to payment of a SABS death benefit in respect of his 'aunt'?

Ontario, Canada

How have the courts decided cases where one parent seeks to relocate the child to the United States, where the parent requesting to move has repartnered and the new partner has a job offer there?

Delaware, United States of America

What constitutes spoliation of digital evidence in Delaware?

Texas, United States of America

Under what circumstances are anticipatory warrants invalid in Texas?

Florida, United States of America

In what circumstances will a Florida court order the removal of a trust's trustee due to breach of fiduciary duties?

Florida, United States of America

What are the minimum requirements for interrogatory responses in Florida?

Florida, United States of America

How do Florida courts determine what an equitable distribution of property between divorcing spouses is?

Florida, United States of America

Absent a prenuptial agreement, how are liabilities allocated between divorcing spouses in Florida?

Florida, United States of America

When punitive damages are awarded against a group of defendants, are the defendants jointly and severally liable for the punitive damages award?

Florida, United States of America

Are liquidated damages clauses enforceable in Florida?

Florida, United States of America

Does a terminated employee have a duty to mitigate their damages?

Florida, United States of America

When will an employee be considered to be acting within the scope of their employment for the purposes of the respondeat superior doctrine?

Florida, United States of America

Under what circumstances will a Florida court make an alimony order effective retroactively?

Connecticut, United States of America

What is the statute of limitations for a legal malpractice claim in Connecticut?

Maryland, United States of America

Are liquidated damages clauses enforceable in Maryland?

Texas, United States of America

Can a judgment debtor escape the judgment creditor by transferring their assets to a revocable trust?

Washington D.C., United States of America

Can a judgment debtor escape the judgment creditor by transferring their assets to a revocable trust?

Connecticut, United States of America

In a Connecticut divorce, what is the valuation date for the couple’s primary residence?

Delaware, United States of America

Is a corporate bylaw that conflicts with the Delaware General Corporation Law valid?

Texas, United States of America

What is the statute of limitations for a legal malpractice claim in Texas?

California, United States of America

How do California courts determine whether a stockholder’s claim is direct or derivative?

Texas, United States of America

What fiduciary duties does a general partner owe to a minority partner in a limited partnership?

Texas, United States of America

How do Texas courts determine what an equitable distribution of property between divorcing spouses is?

Texas, United States of America

Are liquidated damages clauses enforceable in Texas?

New York, United States of America

When is disgorgement an appropriate remedy under New York law?

Federal, United States of America

In what circumstances will a parody be considered a fair use of copyrighted material?

Federal, United States of America

When will a debt be non-dischargeable in bankruptcy under 11 U.S.C. § 523(a)(4)?

New York, United States of America

What are the minimum requirements for interrogatory responses in New York?

New York, United States of America

In what circumstances will a court grant a request to limit the discovery of electronically stored information to certain keyword search terms?

Federal, United States of America

When will a debt be non-dischargeable in bankruptcy under 11 U.S.C. § 523(a)(2)?

Federal, United States of America

What constitutes a willful and malicious injury for the purpose of the exception to dischargeability in 11 U.S.C. 523(a)(6)?

Delaware, United States of America

How do Delaware courts determine whether a demand for a corporation's board of directors to bring a derivative claim is futile?

Delaware, United States of America

What standard of review will Delaware courts employ to analyze a corporate director’s actions in a claim for breach of fiduciary duty against the director?

Maryland, United States of America

What is the statute of limitations for a legal malpractice claim in Maryland?

Connecticut, United States of America

How do Connecticut courts determine what an equitable distribution of property between divorcing spouses is?

New York, United States of America

Will a family court dismiss a family offense petition when the petitioner does not appear for the hearing?

California, United States of America

What are the minimum requirements for a contract regarding the sale of real property to be enforceable?

New York, United States of America

Can an person who was apprenticing in a trade who was injured by medical malpractice claim damages resulting from their inability to enter into that profession as a result of the injury?

California, United States of America

In what circumstances will the Cal. Fam. Code § 3044 presumption that granting custody of a child to a person who has perpetrated domestic violence is detrimental to the best interests of the child be rebutted?

New York, United States of America

In what circumstances can a witness' testimony be preserved before the commencement of a civil trial when the witness suffers from a terminal illness?

New York, United States of America

Are mandatory retirement policies for law firm partners enforceable?

New York, United States of America

Under what circumstances can an injured person benefit from uninsured motorist coverage?

New York, United States of America

Absent a prenuptial agreement, how are liabilities allocated between divorcing spouses?

California, United States of America

Do attorneys have standing to appeal court orders in their personal capacity?

New York, United States of America

In what circumstances will the court grant a summary judgment motion for dismissal of a fraud claim?

Washington D.C., United States of America

How do the courts determine what an equitable distribution of property between divorcing spouses is?

Maryland, United States of America

How do the courts determine what an equitable distribution of property between divorcing spouses is?

New York, United States of America

In what circumstances may a New York state civil court judge order parties to participate in mediation to try to settle the case?

New York, United States of America

In what circumstances will the court apply the unclean hands doctrine?

California, United States of America

Are employers required to pay employees for on-call time?

California, United States of America

Absent a prenuptial agreement, how are liabilities allocated between divorcing spouses?

California, United States of America

Can a judgment debtor escape the judgment creditor by transferring their assets to a revocable trust?

California, United States of America

When punitive damages are awarded against a group of defendants, are the defendants jointly and severally liable for the punitive damages award?

New York, United States of America

How do the courts determine what an equitable distribution of property between divorcing spouses is?

California, United States of America

In what circumstances can a public figure establish malice in a claim of defamation by implication?

Washington D.C., United States of America

Under what circumstances will a court impute income to a custodial parent when determining child support?

New York, United States of America

Under what circumstances will the court impute income to a spouse for the purposes of child support when there are allegations of intentional underemployment?

California, United States of America

Are married people vicariously liable for the torts of their spouse?

Federal, United States of America

What is the test to establish that a trademark has been abandoned?

Federal, United States of America

Do the cost-shifting provisions of Rule 68 of the Federal Rules of Civil Procedure include attorney fees?

California, United States of America

When can the court lift the automatic stay of 30 calendar days after ruling on a custodial parent’s move-away request?

New York, United States of America

Does New York employment law apply to an employee who lives and works from another state for a New York based employer?

California, United States of America

Is a contract for services valid if it does not set out the price for the services?

California, United States of America

Is a contract for services valid if it does not contain a duration term?

California, United States of America

Can a party move to compel additional responses to discovery requests because the responses were factually devoid?

California, United States of America

​​What restrictions does California state law impose on foreclosing on a debtor's personal residence?

California, United States of America

What constitutes a sale of personal information under the California Consumer Privacy Act?

California, United States of America

In what circumstances will an expert’s evidence be excluded due to the expert’s lack of qualifications?

California, United States of America

What are the elements of the tort of negligent entrustment?

California, United States of America

Can a parent be held liable for negligent supervision of their child?

California, United States of America

Are factual statements by the Legislature in a statute admissible as evidence in a California state court action?

New York, United States of America

What are the penalties for refusing to comply with discovery orders?

California, United States of America

What are the elements of the tort of malicious prosecution?

California, United States of America

When will an employee be considered to be acting within the scope of their employment for the purposes of the respondeat superior doctrine?

New York, United States of America

Where two separate actions grounded in the same events are commenced in two different states, will a New York court grant a motion to dismiss the New York action on the basis that there is another action pending in a different state?

New York, United States of America

What evidentiary foundation is required for the admission of electronic accounting records as business records at trial?

California, United States of America

Once arbitration has been initiated, is there a time limit that claimants must pursue their claim within?

Federal, United States of America

Are California cannabis products subject to federal trademark infringement claims?

Federal, United States of America

When can actions with different plaintiffs be consolidated in the federal court?

California, United States of America

Is there a time limit within which a judge must issue a decision on a submitted matter?

Federal, United States of America

Can an immigration case be reopened more than 180 days after an in absentia order of removal?

California, United States of America

What damages can a parent recover in a wrongful death action based on the death of their adult child?

California, United States of America

What elements must a plaintiff prove to show that a contract existed in a breach of contract action?

Federal, United States of America

Are cryptocurrencies considered to be securities for the purposes of securities regulations?

Federal, United States of America

In a proposed class action proceeding in federal court against a pharmaceutical company, in what circumstances will the class be certified where the allegations are that the company’s pharmaceuticals cause addiction?

California, United States of America

Under what circumstances will a court impute income to a parent when determining child support?

California, United States of America

Does California employment law apply to an employee who lives and works from another state for a California-based employer?

California, United States of America

Does an employer's duty to accommodate employee disabilities extend to requiring an employer to transition to a paperless office in order to allow an employee with a severe anxiety disorder to work from home?

New York, United States of America

Is a property owner subject to liability if a tree on their property falls on a neighboring property and causes property damage or bodily injury?

New York, United States of America

Can evidence of prior criminal charges that did not result in convictions be considered at a sentencing hearing for a current criminal conviction?

Federal, United States of America

Does a personal injury claim survive bankruptcy when the defendant has liability insurance that will defend and indemnify the defendant for the claim?

Federal, United States of America

Is a parent responsible for the expenses incurred on his credit card if he was unaware that his child had taken his card and used it without his permission?

New York, United States of America

In the absence of a non-compete agreement, what are the parameters, if any, of a former executive and director’s obligation not to compete with the corporation?

New York, United States of America

May an employee who has filed a workers’ compensation claim as a result of sexual harassment/assault that occurred in the workplace also sue their employer and co-worker who committed the acts of harassment?

Federal, United States of America

Do the heightened pleading standards for fraud apply to a control person liability claim under section 20(a) of the Securities Exchange Act?

California, United States of America

Does the seller of residential property have a duty to disclose that an infamous murder occurred at the property 70 years prior to the sale, after which the house has developed a local reputation for being haunted?

New York, United States of America

Can the statements of a defendant corporation's former CEO in a deposition that was taken after he left the company qualify for the party admission exception to hearsay under New York evidence law?

New York, United States of America

What legal responsibilities, if any, does a person have to provide housing and medical care to an adult child who they did not know existed until the child was already an adult?

New York, United States of America

Can shares of a closely held private corporation be left to a beneficiary of a deceased shareholder in the shareholder’s will if the certificate of incorporation or by-laws contain restrictions on transfer?

California, United States of America

If the employee of a California employer is injured while temporarily working for the employer out-of-state, is the employee entitled to California workers’ compensation benefits?

California, United States of America

Is an 8-year-old’s act of setting up a series of boobytraps to deflect two would-be robbers within the permissible bounds of self-defense if the boobytraps cause the robbers serious injuries?

California, United States of America

What factors will the court consider when determining whether to grant visitation to a step-parent?

New York, United States of America

May the court decline to award an estate executor commissions if the executor’s conduct has unreasonably delayed the distribution of the estate’s assets to the beneficiaries?

California, United States of America

Is a property owner subject to liability if a tree on their property falls on a neighboring property and causes property damage or bodily injury?

California, United States of America

Can a social media platform be liable for defamatory content posted to its website by a user of the platform?

California, United States of America

May a party seeking a preliminary injunction be exempted from the requirement to pay a bond in Cal. Civ. Proc. Code § 529 if they are impecunious?

California, United States of America

What constitutes unreasonable delay in the administration of an estate for the purpose of declining to award compensation to the personal representative?

Federal, United States of America

Can a pattern on a textile good constitute a new, original, and ornamental design for the purpose of 35 U.S.C. § 171?

California, United States of America

Does the fact that a home is directly next to a close family member’s home make the home unique for the purpose of assessing whether to award specific performance?

California, United States of America

Can shares of a closely held private corporation be left to a beneficiary of a deceased shareholder in the shareholder’s will if the corporate bylaws contain restrictions on transfer?

California, United States of America

Can police obtain the recordings from vehicles equipped with cameras that monitor driver activity when gathering evidence that the driver committed a crime?

California, United States of America

Does an employer's duty to accommodate employee disabilities extend to requiring an employer to transition to a paperless office in order to allow an employee with a severe anxiety disorder to work from home?

California, United States of America

Will separate property that was brought into the marriage by one spouse be considered community property if the other spouse contributed to its appreciation in value during the course of the marriage?

California, United States of America

In what circumstances will a parent be found negligent in gifting their 9-year-old child a BB gun and allowing him to play with it without supervision?

New York, United States of America

Does the fact that a home is directly next to a close family member’s home make the home unique for the purpose of assessing whether to award specific performance?

California, United States of America

What is the test for determining whether a worker is an employee or an independent contractor for the purpose of the obligations imposed by California’s wage orders?

California, United States of America

In the context of spousal support and child support orders, how do courts assess a spouse’s income when the income is based on commission and fluctuates significantly from year to year?

Federal, United States of America

When a corporation is dissolved without distributing the company's trademark and tradename to the shareholders, can one shareholder legally use the trademark and tradename for their own new entity?

New York, United States of America

In an action for defamation, when will attorney fees be recoverable by a defendant against a plaintiff under New York anti-SLAPP laws?

New York, United States of America

How does the receipt of passive investment income affect a payor's obligation to continue paying spousal support upon retirement?

New York, United States of America

In what circumstances will the statute of limitations for medical malpractice actions be tolled?

California, United States of America

What is the statute of limitations for a legal malpractice claim in California?

Federal, United States of America

Is a copyright registration valid if it contains inaccurate information?