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Although, in the legal world, you can generally pursue different theories – even if they are inherently at odds with each other – to try and recover your losses, there are some exceptions to that rule. And the realm of breach of contract – at least in New York – is precisely one circumstances. You [...]
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 [...]
In a recent decision, New York’s Appellate Division, Second Department showed once again just how powerful New York’s insurance lobby is, and how, under the current structure of the law in New York, an insurer has almost no incentive to protect its clients – the insureds – by negotiating claims in good faith. Quite the [...]
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 [...]
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 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 [...]
In today’s edition of the New York Law Journal, there was an interesting decision from a New York County trial court in a breach of contract case, Garber v. Inter Capital Resources LLC. In this case, the plaintiff was a commission salesman who sought to recover the commissions that he purportedly earned – but was [...]
Many small businesses’ recurring nightmare, particularly in this economy, looks something like this: Debtor D (we’ll call him “D,” for short) owes you tens of thousands of dollars for product that you delivered months ago. When you inquire as to what the delay is in receiving payment, you get a run-around, and ultimately find out [...]
In Bernhardt v. Tradition North America, a case very similar to the one we discussed recently in “Why Whistleblower Protection Clause In Employee Manual May Be Worthless,” the plaintiff, who was a vice president at defendant Tradition North America Inc., notified the SEC of various securities schemes that he had supposedly uncovered at his company. [...]
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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