0 results for 'McCarter English'
Case to Proceed Against McCarter & English
Both parties agreed that legal malpractice has a three-year statute of limitations, while breach-of-contract claims have a six-year statute of limitations.Litigating 'Cause' Under New York Employment Contracts
Sometimes the "cause" standard in employment contracts specifies particular misconduct and a minimum level of culpability, such as "gross negligence" or "recklessness." Sometimes it's undefined. Either way, these provisions leave open a critical issue: the relevance of the employer's honesty, good faith and evenhandedness in applying the "cause" standard. Surprisingly, the New York case law on this point is a mixed bag.First Dept. Forms Bright-Line Rule To Cap Damages From Breach of 'Agreement to Agree'
In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.McCarter & English Faces Legal Malpractice Claim
"In an attempt to save their untimely claims, plaintiffs first argue the two loans were essentially one big transaction because the loans were similar and there was a cross-default provision. They then argue the legal representation continued to August 17," the defendants said in their reply in support. "Both arguments fail."View more book results for the query "McCarter English"
The Southern District's 'Limited Exception' for Finder's Fee Contracts
A recent decision in the Southern District of New York, Rhee v. SHVMS, provides important guidance on the distinction between a finder and a broker. This article explains the distinction, the surrounding legal uncertainty, and how Rhee creates a practical roadmap for drafting compliant and enforceable "finder's fee" agreements.Can an 'Agreement to Agree' Support Expectation Damages?
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.Bankers Beware: The Reach of the Procuring Cause Standard
'Morpheus' and 'Dominik' raise the prospect that courts—and certainly parties litigating an investment banking fee—will be tempted to stack the deck in favor of a vague and fact-specific procuring cause standard. Once again, bankers beware.Del. Supreme Court Argument Focuses on Contractual Meaning of 'And'
The dispute came down to whether "and" meant two circumstances needed to apply, or if one of them--a chief marketing officer's termination--alone was enough.Conjunction Confusion: Del Supreme Court Considers Contractual Meaning of 'And'
The dispute came down to whether "and" meant two circumstances needed to apply, or if one of them--a chief marketing officer's termination--alone was enough.Download Now
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