Divided Loyalty: Damages for Employee Disloyalty Claims

By: Leo K. Barnes Jr.

At first blush, two principles regarding the loyalty due to a current employer from an employee seem irreconcilable: on the one hand, an employee owes his employer complete loyalty; on the other, an employee may incorporate a competitive business prior to departure from employment as long as he […]

Substantiating Malice for Tortious Interference Claim Getting Difficult

By: Leo K. Barnes Jr.

Several weeks before then-President George W. Bush defeated presidential candidate John Kerry, CBS News correspondent Dan Rather narrated a “60 Minutes” piece assailing President Bush’s service in the Texas Air National Guard. According to Mr. Rather, subsequent to Mr. Bush’s re-election in November 2004, CBS reduced his role […]

‘Economic Interest’ Defense to a Tortious Interference Claim

The Aug. 15, 2006, decision by the U.S. Court of Appeals for the Second Circuit in White Plains Coat & Apron Co., Inc. v. Cintas Corp.1 certified to the New York state Court of Appeals a question which has been unresolved for commercial practitioners: specifically, whether a generalized interest in soliciting business for profit constitutes […]

Spies, Lies and Business Torts

Espionage. Surreptitious moles. Clandestine meetings in Saint Tropez and New York. Is this the latest John Grisham novel? A new reality show? No!

The foregoing sets the scene for a recent decision in the Commercial Division, by Justice Charles Edward Ramos, resolving a prediscovery motion to dismiss allegations of corporate espionage, including the intentional placement […]

Defense Protocol for Elevator Accidents

On Nov. 28, an Upper West Side resident plummeted 15 stories down an elevator shaft to his death after departing a freight elevator cab which had stalled between floors.1 The Thanksgiving weekend tragedy provides a startling reminder of the potentially deadly consequences that can arise when a passenger leaves a stalled elevator.

To prepare for […]

To Jump or Not to Jump? Elevator Accidents and Employment Expertise

The Court of Appeals decision last month in Egan v. A.J. Construction Corp., et al.1 highlights a distinction in the treatment of elevator passengers who jump from a stalled elevator: specifically whether, for the purpose of determining superseding intervening cause in a negligence case, the plaintiff has specialized knowledge of the elevator by virtue of […]