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Sometimes the details of a breach of contract claim are so juicy it is hard to remain objective. And I readily admit, after reading a rendition of the detailed allegations in the lawsuit that CBS brought against one of its writers, Lukas Reiter, it is hard not to believe or side with CBS. In essence, [...]
This is a whole new world of creepy. In an ethics opinion that was recently handed down, the New York County Lawyers Association’s Committee on Professional Ethics wrote that it is both “proper and ethical” for attorneys to vet prospective jurors by “passively” investigating the jurors’ social networking profiles, i.e., viewing what is publicly available [...]
In a breach of contract and non-compete case I was recently hired to defend, I had a very odd first phone conversation with my adversary. And at the end of the call, I told him that I would be following up with a short e-mail memorializing our “pleasant conversation.” His response took me by surprise: [...]
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 [...]
Lending further credence to our earlier article, “Why Many (If Not Most) Business Fraud Claims Are Dismissed By New York’s Courts,” a New York County trial judge recently dismissed a plaintiff’s fraudulent misrepresentation claims. You might be inclined to ask, “Isn’t fraudulent misrepresentation materially different than garden-variety fraud (which was discussed in the article above)?” [...]
Although I’ve written extensively on the subject of non-compete agreements, setting forth some of the general principles and the exceptions to those rules that help dictate whether a particular non-compete agreement will or won’t be enforced by a New York court, I must concede that it’s often hard to predict with any degree of certainty [...]
Apparently even the high-end technology sector has to play by the same rules regarding non-compete agreements as the rest of us; or, at least that’s the Department of Justice’s position. In two actions that were recently filed in federal court in Washington D.C. (United States v. Adobe Systems, Inc., and United States v. Lucasfilm, Ltd.) [...]
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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