NY Federal Court Allows Claims Seeking to Pierce Corporate Veil

As noted in our earlier article, “Piercing the Corporate Veil – Critical Facts that You Will Need to Prove Your Case Under New York Law,” it is not an easy task to amass sufficient facts to survive an initial motion to dismiss a claim that seeks to pierce a corporation’s veil – let alone prove [...]

Despite Mere Oral Agreement for Unpaid Commissions, Breach of Contract Claim Survives, Says NY Appeals Court

Just over one year ago, I wrote about how a New York County trial court refused to dismiss two at-will employees that worked as placement professionals, and were promised both salary and commission did not forfeit their earned commissions – even though they never reduced their agreements to writing, in derogation of the Statute of [...]

When a NY Court Will Likely Enforce a Non-Compete Agreement

Earlier today, it was reported that Microsoft has sued Matt Miszewski, the former General Manager of one of its sales teams, as well as his new employer, Salesforce.com, who happens to also be one of Microsoft’s direct competitors, to enforce Miszewski’s non-compete agreement, and bar him from working for a direct competitor – particularly as [...]

Acknowledging Problematic Law, NY Court Denies Legal Fees in Coverage Disclaimer Case

A while back, I wrote about Estee Lauder, Inc. v. OneBeacon Insurance, an important case that helps define the issues in deciding whether to fight against an insurance company’s wrongful disclaimer of coverage (see “Why it May Pay to Fight a Disclaimer of Coverage Under NY Law“). Having won the initial battle, and secured an [...]

The Danger of Having a Default Judgment Against You in New York

If only I had a few dollars for every time I’ve been asked about this. Unfortunately, a lot of people – way too many – seem to be under impression that if you’ve been sued, and you think that the lawsuit is frivolous, you can ignore it with impunity, bury your head in the sand, [...]