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So you’ve spent weeks, maybe even months, of back and forth negotiations on this deal … and you’ve finally reached an agreement. And after the euphoria of finally closing the deal and closing on the contract wears off, a problem arises. And when you go back to look at the contract you realize that some [...]
It is no secret that mandatory arbitration clauses have essentially become standard fare in business contracts, particularly in the employment or consultant context. But, as a Federal appeals court recently held, “It is well-accepted that although the presumption in favor of arbitration is strong, “the obligation to arbitrate nevertheless remains a creature of contract.” Louis [...]
Every once in a while, I come across a case that really burns me, particularly when it involves a party (or his attorney) not keeping his word – and getting away with it. In 175 Mulberry Realty v. Kam Cheung Construction, the parties had apparently agreed to settle their long-standing breach of contract action. The [...]
Although it is far from common knowledge, there is another option that may be available to recoup your losses in the breach of contract context, particularly in the event that a damages award will not make you whole. And that is through is the equitable doctrine of rescission, which aims to restore the “status quo [...]
As you may know, under New York law, every contract carries an implied covenant (i.e., promise) of “good faith and fair dealing.” 511 West 232nd Owners Corp. v Jennifer Realty Co., 98 NY2d 144, 746 NYS2d 131, 773 NE2d 496. But what on earth does that mean? It’s actually rather tricky; in fact, New York’s [...]
In the wake of the massive layoffs of the last few years, I’ve been asked this question an awful lot. (If you’re looking for a link to what a typical non-compete clause looks like, keep reading). Fortunately, the Court of Appeals – New York State’s highest court, has written rather extensively on the subject. In [...]
Although the range of different types of contracts is quite vast, a common thread unites them: the basic elements of a contract, and what you need to prove in the event that the contract is breached. httpv://video.fosterwebmarketing.com/nybusinesslitigationlawyer.com/httpdocs/evm/720p30p_cooperny_15_breachofcontract.flv In general terms, in order to establish a breach of contract claim under New York law, a plaintiff [...]
This was just one of the issues that New York Federal Judge Jack Weinstein had to address in Globaltex Group Ltd. v. Trends Sportswear Ltd., a commercial litigation case where the plaintiff sought to recover payment for goods that it shipped. The facts of this case were – and are – rather fascinating. In this [...]
Not terribly much, according to a recent decision from a Queens County trial court. In Phone Card America, Inc. v. Quality Discount Equipment Sellers, LLC, the defendant sold plaintiff a specialized printing press for the express purpose of printing phone cards. Unfortunately, despite plaintiff’s numerous efforts to have the press’s problems both diagnosed and repaired, [...]
In the last few years, I’ve been asked this question quite a bit; unfortunately, at least in my experience, there seems to be a great deal of misunderstanding about what is – and what isn’t – tortious interference. So, I figured, why not publish a brief article that clarifies the parameters of this legal doctrine [...]
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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