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Recently, I attended a non-party deposition in a commercial litigation matter arising out of a dispute over who is the rightful owner of a particular property in New York. As is often the case, the attorney conducting the deposition was less than thrilled at the answers given by the witness. So, first he tried to [...]
As you may be aware, it has become increasingly common for employers to condition their employees’ receipt of post-employment benefits upon the employees’ agreement to abide by a strict non-compete clause. So here’s the question (which, unfortunately, occurs altogether too frequently): what if the non-compete is unreasonably and unduly restrictive (i.e., prevents you from [...]
It seems to me that many people are under the impression that your hands are completely tied, and you have no immediate recourse to the New York State courts if your former employer breaches your severance agreement. While in many cases, e.g., where the severance plan is governed by ERISA (in which case a common [...]
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 [...]
In my earlier blog post “Why Fraudulent Concealment Claims Are So Tough to Win in New York,” I pointed out that one of the challenges of these claims is posed by contractual language that the purchaser signs stating that they didn’t rely on any representations by the seller. As a New York trial court recently [...]
Under New York law, when a seller deliberately hides information that is critical to the buyer’s decision to invest or not to invest, this is generally referred to as “fraudulent concealment.” A word of caution is in order, however: this type of claim is particularly challenging because in addition to the traditional elements of proof [...]
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.
In general terms, in order to establish a breach of contract claim under New York law, a plaintiff must [...]
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 case, the [...]
In a strongly worded — and educational — opinion, a New York Federal Judge went out of his way to delineate what allegations suffice, and in White v. National Home Protection, Inc., what did not suffice, to survive dismissal on a claim seeking to pierce the corporate veil.
In granting the defendants’ motions to dismiss [...]
The facts of this case are rather disturbing. Worse yet, I seriously doubt the plaintiff will be able to collect on this judgment, even though he certainly deserves to recoup something.
In Cantu v. Flanigan, the plaintiff was a Mexican businessman who, over several decades in the oil and other industries, had built a worldwide reputation [...]
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