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Although you might think that the answer to this question is really simple – it’s when both sides have a fully signed agreement – you’d be terribly mistaken.
So, here’s the rule, as recently summarized by a New York County trial court:
“The requirements for formation of an enforceable contract are:
(1) at least two parties with [...]
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 [...]
In a hot-off-the-presses decision that was handed down this past Thursday, and is scheduled to appear in Tuesday’s New York Law Journal, New York’s Appellate Division, First Department (which covers New York and Bronx Counties) reversed that portion of a trial court’s decision that dismissed a former at-will employee’s claims under Labor Law ยงยง191 and [...]
In my experience, there are few legal phrases that are more misunderstood or misapplied than “fiduciary duty.” Within the confines of this limited post, I hope to clarify this concept.
Before we can approach a fiduciary’s obligations, we must define what a fiduciary is – and what it is not. A fiduciary relationship is characterized as [...]
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