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November 18, 2022 | New York Law Journal

Get It in Writing: Oral Agreements Are 'Ill-Suited Means of Forming Enforceable Contracts'

'Van Bortel v. Ford Motor Co.' serves as a reminder that while oral agreements can sometimes be enforceable, it is rare. Contracts should be in writing.
10 minute read
April 24, 2020 | New York Law Journal

Waiver and Enforceability of Arbitration Agreements in Class Actions

On March 26, Magistrate Judge Robert Lehrburger issued an important decision in Chen–Oster v. Goldman, Sachs & Co., an employment discrimination class action against Goldman Sachs which is notable for two reasons. First, it addresses when a defendant in a certified class action waives its right to arbitrate. Second, it provides a comprehensive discussion of a topic the Second Circuit has not addressed: the enforceability of arbitration agreements signed after a class action is filed.
8 minute read
May 16, 2017 |

Choice-of-Law Considerations in Transatlantic Transactions

Andrew Hutcheon and Mark Lee write: There are subtle differences between the approaches of New York and English law as to whether the courts will step in to "complete" preliminary or incomplete agreements where material terms are left to be agreed. One such difference is whether a preliminary agreement creates a duty to negotiate any remaining open terms in good faith.
23 minute read
August 10, 2015 |

Demotion May Vitiate Non-Compete, But What of Non-Solicit Clause?

Jonathan Cooper writes: Earlier this year, the First Department went out of its way to state that demoting an employee can, in some circumstances, invalidate that employee's non-compete clause. But the question that the appellate court chose not to answer is probably more telling: Will demoting an employee also invalidate the employee's non-solicit clause?
7 minute read
September 22, 2014 |

'Flintlock': Precluding Punitive Damages in Arbitration

In their Contract Law column, Glen Banks and Anibal Sabater write: Arbitration is a creature of contract. Parties may structure their agreement to preclude a tribunal from awarding punitive damages. The question is what contractual language is necessary to implement that result.
10 minute read
Law Journal Press | Digital Book Limited Liability Companies and Limited Liability Partnerships Authors: Thomas A. Humphreys View this Book

View more book results for the query "Merrill Lynch Pierce Fenner and Smith Limited"

February 13, 2014 |

Post-Employment Restrictions: 35 Years of Uncertainty

Adam J. Safer, a member of Miller & Wrubel, writes: Can an employer in New York terminate one of its employees without cause, for example by layoff or firing, and still enforce contractual restrictions preventing that employee from competing against it? With cryptic Court of Appeals decisions and inconsistent answers from the Appellate Division and New York federal courts, the answer is: it depends.
10 minute read

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