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Sometimes you feel quasi-prophetic.
As predicted in my July 23 blog post entitled “Why Many (If Not Most) Business Fraud Claims Are Dismissed,” in a ruling handed down earlier today New York’s Appellate Division, First Department unanimously reversed the trial court’s ruling, and dismissed in its entirety Dan Rather’s lawsuit against his former employer, CBS, and [...]
I was recently contacted by a small business owner who was looking to protect her company’s intellectual property. The problem is, she was contacting me to try and protect only after she was having a problem with one of her co-workers. She didn’t know that in order to properly protect the creative work that was [...]
Just because you buck the trend and challenge the establishment doesn’t mean you’re wrong.
Earlier today, New York Federal Judge Jed Rakoff issued a lengthy decision detailing why, despite the traditional deference granted to parties in determining the terms of their own settlements, he would not sign off on the S.E.C.’s willingness to accept a $33 [...]
In a decision that was just handed down on September 1, New York’s Appellate Division, First Department (which oversees all cases in Manhattan and Bronx County) reversed a lower court’s dismissal of a breach of contract and negligence lawsuit brought by an insured against its broker.
In this case, the plaintiff claimed that the broker should [...]
In an opinion that was published in today’s New York Law Journal, a Federal judge refused to hold as a matter of law that an insurance company’s disclaimer of coverage was proper – even though the insured did not report the underlying incident giving rise to the claim until over a year had passed.
In this [...]
In a decision that was published in this morning’s New York Law Journal, Justice Pines of Suffolk County denied the defendants-employees’ motion to dismiss their former employer’s claims seeking damages resulting from these employees’ solicitation of the company’s clients (or in legal terms, breach of contract, breach of fiduciary duty, and tortious interference) while [...]
In my experience, there are few legal phrases that are more misunderstood or misapplied than “fiduciary duty.” Within the confines of this limited post, I hope to clarify this concept.
Before we can approach a fiduciary’s obligations, we must define what a fiduciary is – and what it is not. A fiduciary relationship is characterized as [...]
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