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In a rare opinion that was handed down last week (and reported in today’s New York Law Journal), a New York Federal Court took the time to provide some detail into what actions constitute a violation of the Federal Computer Fraud and Abuse Act (“CFAA”). The statute, which carries both civil and criminal penalties, provides [...]
In a case that should sound a warning to ill-tempered, egomaniacal bosses everywhere, a jury recently awarded five of former Guess CEO Georges Marciano’s employees a total of $370 million on their counterclaims for intentional infliction of emotional distress, libel and defamation. The initial action, which sought monetary damages for these former employees’ alleged breach [...]
Over the last several years, I’ve been struck by the frustration people have expressed at poor service providers in a myriad of different contexts, ranging from coatroom attendants who lost their belongings to the non-functional central monitoring of house alarm systems and defective products. And I’ve also found that in most of these cases, the [...]
In a news story that broke on Friday, July 10, it was reported that 2 Ohio women were indicted on charges that they stole thousands – even hundreds of thousands – of dollars from their employers. And, apparently, neither of these women were compelled to steal from their employers out of economic desperation; they were both [...]
Trade secret theft is not just a civil monetary matter that is derived from a breach of fiduciary duty or unfair competition. It has criminal implications as well. In a story that was published earlier today, a former Goldman Sachs vice president was arrested by the FBI based upon this employee’s alleged trade secret theft, more particularly, claims that he stole Goldman’s [...]
I came across earlier this evening entitled “Report: Business Risk of Fraud, Corruption Up Amid Economic Crisis,” which, true to its title, squarely blames the global economic recession for an uptick in employee theft, corruption and dishonesty in the business environment. A careful reading of the article reveals that the holes in the argument advanced [...]
I recently had an experience where an extremely costly commercial lawsuit about a claimed breach of contract and misappropriation of proprietary intellectual property by a fiduciary of a new york small business was avoided. Although I would like to say that the lawsuit was rendered completely moot, and averted entirely, to be completely candid, my efforts weren’t that successful; however, they did have [...]
Over the last several months, I’ve noticed an unmistakable trend: when people that I encounter in the small business litigation context feel that they’ve been wronged, particularly in the context of a breach of contract or breach of a fiduciary duty, they staunchly refuse to settle their case, even if it makes perfect economic sense. [...]
A trade secret theft lawsuit that was recently filed in upstate New York by the Price Chopper chain store illustrates rather vividly how having your small business’s trade secrets – in this case pricing information – can dramatically impact your bottom line. In its initial suit papers, Price Chopper claims that competitor Giant Market would have someone [...]
On April 27, a California Federal Court upheld a jury’s $100 million verdict that was rendered in favor of Mattel, Inc., against MGA Entertainment Inc., based on their finding that the concept for the immensely popular Bratz dolls had originated with Mattel, but this idea was pirated, or stolen, by MGA. In rendering his opinion, [...]
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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