By Jason Grant | March 14, 2023
"The record is clear that the parties never agreed to a cap on fees and defendant did not eliminate any issues of fact concerning the amount of the fee estimate or explain what the pro rata share of fees would be," the Appellate Division, First Department court also wrote, in another part of the ruling.
By Jeffrey B. Steiner and Billy Hildbold | March 14, 2023
One of the most powerful lender rights is the appointment of a receiver to monitor and marshal the collateral as necessary. Recently, this right has been called into question in a recent slip opinion in Wells Fargo Bank, N.A. v. JTRE 240 E. 54th St., discussed here.
By Michael J. Passarella | March 13, 2023
The 'non-compete ban' proposed by the FTC has been the subject of much discussion and debate since the FTC issued its notice of proposed rulemaking on Jan. 5, 2023. Assuming that a rule is adopted in some form, employers will look more closely at their current policies and procedures for protecting trade secrets and confidential information.
By Philip Berkowitz | March 8, 2023
Departing employees who leave, whether voluntarily or otherwise, may claim they earned a bonus and that the employer's failure to pay it on their termination constituted a breach of contract or even a violation of wage payment laws. Recently issued SEC regulations and announcements from the U.S. Department of Justice with regard to bonus policies have imposed new obligations on employers, and new areas of liability.
By Melissa Colón-Bosolet and Daniel Hay | March 6, 2023
New York's non-duplication rule will often bar a disappointed purchaser from bringing a fraud claim.
By Brian Lee | March 1, 2023
The lawyers allege Transamerica failed to disclose an anti-assignment clause in the settlement agreement that prohibited their client from ever having the power to transfer his payments—a provision intended to guarantee his long-term economic security, along with protecting taxpayers from the possibility he could become dependent on public assistance.
New York Law Journal | Analysis
By Curtis B. Leitner and Joseph R. Scholz | March 1, 2023
In this new column, Curtis Leitner, a business litigation Partner at McCarter & English's New York City Office, together with a guest columnist, analyzes developments in New York contract law from a litigation perspective.
New York Law Journal | Analysis
By Adrienne B. Koch and Neil S. Miller | February 28, 2023
Real estate is a unique asset and therefore damages resulting from a breach of an agreement are often difficult to measure. As a result, parties need to give give careful thought to the remedies for a breach. In this four-part series, Adrienne Koch and Neil Miller will examine some of the remedies that should factor into that analysis, starting with liquidated damages.
By Jason Grant | February 27, 2023
The Appellate Division, First Department court also turned back the financing company's argument that Civil Practice Law and Rules 321(c), which stays an action when there's death, removal or disability of an attorney, should've paused the lawsuit.
By Emily Saul | February 24, 2023
The complaint says the partner used the firm to boost her own separate practice. But lawyers for the defendant said she had been preparing her own action against the firm and said the complaint was preemptive.
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