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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 [...]
In an opinion that was handed down yesterday in the defamation case of Tener v. Cremer, New York’s Appellate Division, First Department held that the trial court erred by denying outright – without a hearing – a plaintiff’s motion seeking to hold NYU in contempt for failing to protect or produce electronically stored information (ESI) [...]
International Shoppes, Inc., et al. v. Spencer is a case from a trial court in Nassau County, NY that is scheduled to appear in tomorrow’s edition of The New York Law Journal that is the poster child – at least in my view – for litigation run amok. And, lest you think that I meant [...]
Kudos to you, ABC, for bringing this story to light. And shame on you, Cubist Pharmaceuticals, for your discriminatory narrow-mindedness. Kara Krill who works for Massachusetts-based Cubist Pharmaceuticals, recently had twin children via a surrogate. She was compelled to have these children through a surrogate because she had health issues that prevented her from having [...]
Just because you have a signed, written agreement doesn’t automatically mean that you win your breach of contract case. Let me explain. Just over one year ago, I cheered a Nassau County trial court’s decision that slammed a defendant who reneged on his word (written, mind you) to pay a plaintiff his finder’s fee for [...]
After reading decisions that seemingly disregard late notice that is furnished to an insurer (see, e.g., “Late Notice to Insurer Not Fatal to Claim Under New York Law, Federal Court Holds“) you might be lulled into thinking that failing to furnish timely and proper notice of a claim to your insurer may not really be [...]
Nearly one year ago, we wrote in general terms about how good faith is implied in New York contracts. This article, however, will focus on the underlying factors that New York’s courts will consider when applying this doctrine to non-solicitation agreements. Fortunately, a hot-off-the-presses decision from New York State’s highest court offers some guidance – [...]
In a fascinating – and significant – April 28 decision, New York State’s highest court answered the following question: How far can you go to help your new employer solicit your former clients under New York law? Here are some of the salient facts in the breach of contract and breach of fiduciary duty case [...]
In a breach of contract lawsuit that was filed in New York this past Tuesday, Beyonce has been sued by video game maker Gate Five, who alleges that well after the ink was dry on their contract, Beyonce reneged on an exclusive licensing agreement that required her to have her name attached to “Starpower: Beyonce.” [...]
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 [...]
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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