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In a significant decision that was handed down on April 20 in MSCI Inc., Financial Engineering Associates, Inc., et al. v. Jacob, Axioma, Inc., et al., New York County trial justice Shirley Kornreich held that a software company claiming that one of its competitors had wrongly misappropriated their trade secret software that is sold [...]
I have to admit it. I’ve never seen anything like this before. Apparently, after being served with the breach of contract lawsuit papers on his way in to the American Idol studio, the lead singer for pop group, LMFAO, Redfoo, was sufficiently amused by the whole process that he posed for pictures with the man [...]
Last week, I received a fax from one of my adversaries that admittedly caught me by surprise: His clients apparently decided to discontinue their breach of professional services contract action against my client. In truth, I’m not sure what prompted this action on their part; and I may never know the answer. When my client [...]
Sometimes, even seasoned companies ignore the fundamentals, and learn a lesson the hard way. In this case, the lesson was rather straightforward – if you don’t fulfill the explicit requirements for before undertaking additional work under a contract (a condition precedent), you may not get paid. In an opinion that was handed down on December [...]
A little over one year ago, I wrote about a fascinating case where a defendant sought to avoid its obligation to pay for goods that it received – and profited from – on the grounds that the underlying agreement it had with the plaintiff was based upon an illegal scheme designed to avoid customs duties [...]
Although I’ve been asked this question most frequently in the breach of contract context, the same principle holds true for lawsuits in general: It’s a really, really bad idea to ignore a lawsuit – or even a threatened one. Although there are several reasons for this, in my view, here is the most important one: [...]
It is terribly unfortunate and disturbing that some lawyers seem to believe that civility and politeness are inherently at odds with good, aggressive advocacy. Let me be perfectly clear: I have no problem with an attorney aggressively protecting and pursuing his client’s interests. Everyone’s got a job to do. And there are certainly times when [...]
International Shoppes, Inc., et al. v. Spencer is a case from a trial court in Nassau County, NY that is scheduled to appear in tomorrow’s edition of The New York Law Journal that is the poster child – at least in my view – for litigation run amok. And, lest you think that I meant [...]
Truth be told, the heading of this article is taken from a common usage, or vernacular, perspective; from a technical, legal perspective, it is simply wrong. Here’s why: The term “liquidated damages,” at least under New York law, means that a court has determined as a matter of law that the specific amount of monetary [...]
As noted elsewhere (see, e.g., “Why It’s So Hard to Recover Legal Fees in a NY Breach of Contract Case“) , the general rule in New York is that you cannot recover the costs you’ve incurred to defend a lawsuit that has been brought against you. Of course, there are some exceptions to that rule, [...]
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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