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In a case that should sound a warning to ill-tempered, egomaniacal bosses everywhere, a jury recently awarded five of former Guess CEO Georges Marciano’s employees a total of $370 million on their counterclaims for intentional infliction of emotional distress, libel and defamation. The initial action, which sought monetary damages for these former employees’ alleged breach [...]
Over the last several years, I’ve been struck by the frustration people have expressed at poor service providers in a myriad of different contexts, ranging from coatroom attendants who lost their belongings to the non-functional central monitoring of house alarm systems and defective products. And I’ve also found that in most of these cases, the [...]
Yesterday, both the Wall Street Journal and Bloomberg reported that former news anchor Dan Rather’s breach of contract, wrongful termination and fraud lawsuit against his former employer, CBS, has been revived – at least for the time being. Predictably, Mr. Rather was upbeat upon learning that the New York county judge had granted his attorneys [...]
As the economy continues to founder, it is becoming increasingly common for many businesses, however well-intentioned, to renege on contracts simply because they lack the liquid capital to honor those contracts. Consequently, a critical question facing the savvy and proactive small business owner is this: what can – or should – I do when the [...]
In a news story that broke on Friday, July 10, it was reported that 2 Ohio women were indicted on charges that they stole thousands – even hundreds of thousands – of dollars from their employers. And, apparently, neither of these women were compelled to steal from their employers out of economic desperation; they were both [...]
On June 25, New York’s Appellate Division, First Department (the appellate court for both New York (i.e., Manhattan) and Bronx Counties) handed down an important – and logical – decision, as it confirmed that a fiduciary, who is not a party to a particular litigation, may still be held liable for consequential damages if it [...]
Trade secret theft is not just a civil monetary matter that is derived from a breach of fiduciary duty or unfair competition. It has criminal implications as well. In a story that was published earlier today, a former Goldman Sachs vice president was arrested by the FBI based upon this employee’s alleged trade secret theft, more particularly, claims that he stole Goldman’s [...]
In a decision that was handed down on June 25, New York’s Court of Appeals was confronted with an unusual question: under what circumstances can someone (or, as in this case, a small business in New York) be deemed an additional insured on an insurance contract (such that the insurance company is obligated to defend and indemnify them [...]
I came across earlier this evening entitled “Report: Business Risk of Fraud, Corruption Up Amid Economic Crisis,” which, true to its title, squarely blames the global economic recession for an uptick in employee theft, corruption and dishonesty in the business environment. A careful reading of the article reveals that the holes in the argument advanced [...]
3 Reasons Why
Your Employment Agreement
May be Worthless
NY Breach of Contract Guide:
When You Don't Have a
Written Agreement
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