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As noted in our earlier article, “Piercing the Corporate Veil – Critical Facts that You Will Need to Prove Your Case Under New York Law,” it is not an easy task to amass sufficient facts to survive an initial motion to dismiss a claim that seeks to pierce a corporation’s veil – let alone prove [...]
Just over one year ago, I wrote about how a New York County trial court refused to dismiss two at-will employees that worked as placement professionals, and were promised both salary and commission did not forfeit their earned commissions – even though they never reduced their agreements to writing, in derogation of the Statute of [...]
Earlier today, it was reported that Microsoft has sued Matt Miszewski, the former General Manager of one of its sales teams, as well as his new employer, Salesforce.com, who happens to also be one of Microsoft’s direct competitors, to enforce Miszewski’s non-compete agreement, and bar him from working for a direct competitor – particularly as [...]
A while back, I wrote about Estee Lauder, Inc. v. OneBeacon Insurance, an important case that helps define the issues in deciding whether to fight against an insurance company’s wrongful disclaimer of coverage (see “Why it May Pay to Fight a Disclaimer of Coverage Under NY Law“). Having won the initial battle, and secured an [...]
It is indeed rare that cases which hinge completely on jurisdictional or procedural grounds could have any interest at all for non-lawyers. But GS Plasticos Limitada v. Bureau Veritas, which was just decided last week, is one such case. In this tortious interference with contract case, the plaintiff, a Brazilian company, claimed that it lost [...]
In a blog piece that was published in yesterday’s Wall Street Journal, it was reported that OfficeMax has sued A & P, the well-known supermarket chain, seeking a restraining order barring them from poaching key employees. Apparently, OfficeMax felt compelled to take this action after 3 of their key employees left, including their former chief [...]
Back in August, I wrote about the Most Formidable Defense to a Tortious Interference Claim in New York: justification. In other words, as long as a defendant can show that they induced Company A to break their agreement with Company B for legitimate economic reasons, the tortious interference claim will likely fail. But, as pointed [...]
You may be wondering what valuable, relevant lessons can possibly be gleaned by a small business with a comparatively simple breach of contract matter from the Bhopal disaster (remember that environmental disaster from years ago?). The answer is, quite a bit. For one thing, in Sahu v. Union Carbide, a New York federal judge recently [...]
Having been down a similar road with respect to my own house several years ago, I found myself cheering when I read this decision, which was handed down on December 10. In Carden v. Allstate, the plaintiffs were forced to rent another place to live when their home sustained serious fire damage. When they put [...]
If you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, a decision that was rendered by a New York Federal judge last week – and published in today’s New York Law Journal – provides an excellent roadmap. In Guy Carpenter & Company v. Lockton, RE, LP, [...]
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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