Beyonce Not Beyond (or Above) the Law, Says NY Breach of Contract Suit

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.” [...]

Finding Damages Claim “Mere Speculation,” NY Court Dismisses Breach of Contract & Consumer Fraud Case

If there were such a contest, I think this case wins the “most absurd lawsuit of the day.” In Kassis Management, Inc. v. Verizon New York, Inc., the plaintiff claimed damages in breach of contract and consumer fraud as a result of Verizon’s “promise” to move its phone service from one location to their new [...]

How to Prove Lost Profits in a New York Breach of Contract Case

Barring an enforceable liquidated damages and/or limited liability contract provision, the rule is that you can recover your lost profits in a breach of contract case in New York. That’s the good news. But here’s the bad news: since demonstrating that you actually lost profits based upon the other side’s conduct – and if so, [...]

How to Craft Liquidated Damages Clauses That Are Enforceable in NY

In many long-term contracts, such as in the services industry, it has become rather commonplace for the service provider to insert a liquidated damages clause, which essentially sets forth the specific damages they will be entitled to if the recipient terminates the contract prematurely. As I’m sure you know, not all liquidated damages clauses are [...]

The Practical Difference Between A Development Contract and a Sales Contract Under NY Law

Although, as the title of this article suggests, some things should be fairly obvious, when enough money is at stake, people will still try to throw stuff at the wall to see if any of it will stick. In a case that they brought in Federal Court in Upstate New York, Opto Generic Devices Inc. [...]