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In a Westchester County case that was reported upon in today’s New York Law Journal, HP Hood, LLC v. Diamond D Realty, Inc., the plaintiff sought to recover over $1.5 million owed by the defendant for dairy products (in legalese, “goods”) that were supplied – but not paid for – from January through December of [...]
Sometimes you have to take a step back to appreciate the arguments that are advanced by attorneys. And sometimes those arguments just make you laugh.
In Eversfield v. Brush Hollow Realty, the plaintiff was injured in a construction site accident that was caused by the improper placement of a portable toilet at the work site. The [...]
I’ve spoken with many people who, when confronted with the possibilities of starting their own business, hesitate – and not a small bit – because of their fear that they will forfeit their severance package from their current employer. Stated in slightly different fashion, they are concerned that any effort they expend to start a [...]
If you read my previous blog post, “How a Demotion Can Be Deemed a Breach of Employment Agreement Under NY Law,” you are probably wondering (or should be) the following: let’s assume a fact finder (i.e., whether a judge or jury) finds that my employer breached my employment agreement. What damages can I reasonably expect [...]
Consider the following hypothetical scenario: Jim is hired by ABC Stores as Executive VP of Sales and Marketing. His 3-year employment contract states that all managers at ABC’s stores are required to coordinate their in-store marketing efforts through him, including securing his approval of all vendors.
Six months later, ABC brings in its CFO’s son Peter [...]
As noted in our earlier blog post, “How to Win the Breach of a Severance Agreement Case in New York,” although an employee may, as a general rule, bring a common law (i.e., non-statutory) breach of contract claim based upon the failure of an employer to live up to their end of the deal of [...]
As you may be aware, it has become increasingly common for employers to condition their employees’ receipt of post-employment benefits upon the employees’ agreement to abide by a strict non-compete clause. So here’s the question (which, unfortunately, occurs altogether too frequently): what if the non-compete is unreasonably and unduly restrictive (i.e., prevents you from [...]
There is an extremely important exception to the New York Courts’ express disfavor for non-compete agreements: the employee choice doctrine.
Under this exception to the rule, the employer is permitted to make the employee’s right to receive post-employment benefits contingent upon the employee’s agreement to abide by a non-compete agreement. The reason that this practice is [...]
I was recently confronted with an interesting question: an old acquaintance of mine paid for an exclusive license to market and sell a certain technology that was patented.
There was one “small” problem, however: the technology didn’t work.
So, you would think that my acquaintance should have no problem recovering his downpayment for the exclusive license fee [...]
It seems to me that many people are under the impression that your hands are completely tied, and you have no immediate recourse to the New York State courts if your former employer breaches your severance agreement. While in many cases, e.g., where the severance plan is governed by ERISA (in which case a common [...]
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