Standard fare in the New York Commercial Division today finds (sometimes) overzealous employers seeking to keep former employees “on the sidelines” in order to achieve stated goals of “preserving its business” or “protecting its trade secrets.” Far from involving...
The commercial real estate sector has been particularly hammered during Covid, with tenants legally unable to occupy retail and office space, while consumers and professionals adjust to the “new normal”, including working remotely, and enhancing an already well-heeled...
In a recent decision by New York County Commercial Division Justice Barry Ostrager in Matthews v. Symbion Power LLC, 2020 NY Slip Op 20189 (Sup. Ct. New York Cty. 2020), the Court analyzed whether, despite asserting claims for breach of contract against one defendant,...
Recently in WSP USA Corp. v. Marinello, 13-CIV-4591 (PKC), 2013 WL 6704885 (S.D.N.Y. Dec. 19, 2013), the U.S. District Court for the Southern District of New York analyzed whether a broad separation agreement and release executed upon an employee’s voluntary departure...
In a must-read decision centered upon the tragic death of two individuals during the May 2008 crane collapse in New York City, the First Department’s opinion in Matter of 91st St. Crane Collapse Litigation, 154 A.D.3d 139 (1st Dep’t 2017) analyzes not only the...
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...