Proportionate Liability for Diversion of a Corporate Opportunity

Proportionate Liability for Diversion of a Corporate Opportunity

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, practices commercial litigation in Melville and can be reached at LKB@BARNESPC.COM

Whoever coined the phrase “partners are only good for square dancing” must have been […]

The Standard For, and New Guidelines to Govern, Securing Non-Party Discovery

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, practices commercial litigation and can be reached at lkb@barnespc.com

 

A recent decision from the Court of Appeals clarifying the standard to obtain non-party discovery, coupled with proposed new guidelines for obtaining electronically stored information (“ESI”) from […]

The Scope of General Releases within Employee Separation Agreements

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

Recently in WSP USA Corp. v. Marinello, 2013 WL 6704885 (S.D.N.Y. 2013), a  Southern District of New York decision analyzed whether a broad separation agreement and release executed upon an […]

RECOVERING DOCUMENTED LEGAL FEES

*Mr. Barnes, a member of Barnes & Barnes, P.C., can be reached at lkb@barnespc.com

Almost without exception, a new client presented with litigation will inquire whether he or she may recover counsel fees incident to the litigation.  Assuming the client has a basis to pursue legal fees (whether in contract, statute or Court rule), […]

Theft of Trade Secrets and The Computer Fraud & Abuse Act

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. can be reached at LKB@BARNESPC.COM

Mr. Barnes gratefully acknowledges the assistance of Sprios Avramidis, a 3L at St. John’s Law School, in the preparation of this column.

In the modern world, computers have revolutionized the way business is […]

Finally! Depositions of Expert Witnesses in Commercial Division Cases

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

In the September 2012 column, we reviewed Chief Judge Jonathan Lippman’s Task Force Report and Recommendations for the Commercial Division which included certain proposed procedural reforms to the Commercial Division Rules, the […]

Facts Sufficient to Obtain Summary Judgment On a Veil Piercing Claim

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

            Whether during law school studying New York practice and procedure, or as a first year associate tasked with drafting opposition to a summary judgment motion, aspiring or practicing lawyers learn the […]

Carson Optical: Lessons to Avoid the Dismissal of Duplicative & Factually Insufficient Causes of Action

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

 

This month we review the recent decision by Eastern District Magistrate Judge Arlene R. Lindsay addressing unfair competition and tortious interference with prospective business relations claims incident to a dispute involving […]

The Latest Word From the Court of Appeals on the Scope of Duty Owed by a Realtor to a Seller

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In our June 2009 column entitled Caveat Broker: Avoiding Unenforceable Agreements to Agree, we reviewed the prerequisites to a viable and enforceable brokerage commission agreement. This month we explore the […]

Aviation Related Themes in Breach of Contract Cases

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

This month we review two recent decisions concerning commercial issues which touch the aviation industry.  In Wells Fargo Bank Northwest, N.A. v. U.S. Airways, Inc., 2012 WL 3288834 (1st Dep’t […]