Money Isn’t Everything – Undermining An Injunction Application by Quantifying Damages

By Leo K. Barnes Jr.* *Mr. Barnes, a member of Barnes & Barnes, P.C., can be reached at

The adage “money isn’t everything” has particular significance for injunction applications. A January 2011 decision by Eastern District Judge Nicholas Garaufis reminds counsel that no matter how solid a liability and damages analysis appears, […]

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 […]

CPLR 3126(3) — The Ultimate Remedy for Willful Failure to Disclose

By: Leo K. Barnes Jr.

In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the trial and appellate courts […]

Determining Which Party Bears Risk of Loss for Shipments Governed by the Uniform Commercial Code

By: Leo K. Barnes Jr.*

The Uniform Commercial Code’s section regarding Risk of Loss is a great example of why counsel’s periodic review of a client’s day-to-day operations may prove to be an excellent investment in light of the serious ramifications which can bind clients in seemingly benign transactions. Assume the rudimentary shipment […]

Caveat Broker: Avoiding Unenforceable Agreements To Agree

By Leo K. Barnes Jr.i

With the real estate sale and rental season well underway, and the brokerage community ecstatic to entertain any semblance of business after the drought that has plagued the industry for the past several years, it is an opportune moment to reiterate the premise that an enforceable brokerage […]