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I have to admit it. I’ve never seen anything like this before. Apparently, after being served with the breach of contract lawsuit papers on his way in to the American Idol studio, the lead singer for pop group, LMFAO, Redfoo, was sufficiently amused by the whole process that he posed for pictures with the man [...]
Last week, I received a fax from one of my adversaries that admittedly caught me by surprise: His clients apparently decided to discontinue their breach of professional services contract action against my client. In truth, I’m not sure what prompted this action on their part; and I may never know the answer. When my client [...]
Sometimes, even seasoned companies ignore the fundamentals, and learn a lesson the hard way. In this case, the lesson was rather straightforward – if you don’t fulfill the explicit requirements for before undertaking additional work under a contract (a condition precedent), you may not get paid. In an opinion that was handed down on December [...]
A little over one year ago, I wrote about a fascinating case where a defendant sought to avoid its obligation to pay for goods that it received – and profited from – on the grounds that the underlying agreement it had with the plaintiff was based upon an illegal scheme designed to avoid customs duties [...]
Although I’ve been asked this question most frequently in the breach of contract context, the same principle holds true for lawsuits in general: It’s a really, really bad idea to ignore a lawsuit – or even a threatened one. Although there are several reasons for this, in my view, here is the most important one: [...]
It is terribly unfortunate and disturbing that some lawyers seem to believe that civility and politeness are inherently at odds with good, aggressive advocacy. Let me be perfectly clear: I have no problem with an attorney aggressively protecting and pursuing his client’s interests. Everyone’s got a job to do. And there are certainly times when [...]
Apparently even the high-end technology sector has to play by the same rules regarding non-compete agreements as the rest of us; or, at least that’s the Department of Justice’s position. In two actions that were recently filed in federal court in Washington D.C. (United States v. Adobe Systems, Inc., and United States v. Lucasfilm, Ltd.) [...]
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 [...]
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 [...]
Maybe the third time is the charm. In a high-profile breach of contract and tortious interference lawsuit, the National Football League’s Tennessee Titans have sued former NFL coach ,and current USC coach Lane Kiffin, charging that he improperly poached their coaching ranks, inducing Titans running backs coach Kennedy Pola to breach his employment agreement with [...]
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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