Entries tagged: commercial litigation

Businesses Beware: “Boilerplate” Language in Contracts Not So Boilerplate

By: Don Rassiger, Esq.

Posted: November 6th, 2018

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“Choice-of-law” provisions, identifying which state’s laws a contract will be interpreted under, are almost universally found in contract “boilerplate.” Businesspeople anxious to get deals done typically focus their attention on the up-front-and-center contractual provisions detailing the terms of the deal, not the boilerplate language concerning jurisdiction, venue, choice-of-law, and other unexciting provisions stuck in at […]

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Partial Enforcement Language in a Non-Compete Agreement Does Not Guarantee Partial Enforcement

By: Jeff Basso, Esq.

Posted: August 22nd, 2018

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A standard provision typically included in non-compete agreements is a “partial enforceability” provision that gives the Court the power to modify or “blue pencil” the terms of the agreement if the Court finds the restrictive covenant to be overly broad. For example, if a Court finds that a non-compete provision restricting an employee from working […]

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New York Court Issues Minority Shareholder-Friendly Decision in Controlling Stockholder Merger

By: Justin Ryu, Esq.

Posted: July 17th, 2018

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In a decision that could make New York a more attractive venue for shareholders of Delaware-incorporated companies, a New York trial court recently permitted a class action suit challenging a corporation’s acquisition by its controlling stockholder to proceed. The decision signals to Delaware entities that New York courts may be less likely to defer to controlling […]

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Courts Narrow Non-Compete Agreements to Protect Legitimate Business Interests Only

By: Jeff Basso, Esq.

Posted: June 26th, 2018

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There has been an aggressive push over the past couple of years by state legislators around the country and the federal government to enact legislation prohibiting or limiting the use of non-compete agreements by employers.  One such bill, entitled the Workplace Mobility Act, was introduced in the U.S. Senate in late April 2018 and seeks […]

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Intra-Firm Attorney-Client Privilege: Protection of Communications with In-House Counsel

By: Patrick McCormick, Esq. , Richard DeMaio, Esq.

Posted: May 16th, 2018

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Attorney-client privilege is a bit of a misnomer. The name itself fails to convey the full breadth of communications protected (or not protected) by the privilege, one of the oldest common-law evidentiary privileges. The privilege applies to communications made “for the purpose of facilitating the rendition of legal advice or services, in the course of […]

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Deficient Tortious Interference Claim Leads to Dismissal of Complaint

By: Jeff Basso, Esq.

Posted: May 16th, 2018

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One of the more common “business tort” causes of action we see in the world of commercial litigation is a claim for tortious interference with a contract. Often a competing company, knowing that its competitor has a contract with a certain customer or employees, will intentionally and improperly interfere with that contract by causing the […]

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Hiding and Seeking Information During Litigation: Disclosure of Information Contained in Private Social Media Accounts

By: Richard DeMaio, Esq.

Posted: April 20th, 2018

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Hide and seek. It’s a cute game when kids play, but what about in the context of a contentious litigation? The cute game transforms into a cutthroat endeavor to seek any information to sabotage the opposition’s case. Given the prevalence of social media (even Grandma has a Facebook account nowadays), the first point of attack […]

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The Continuing Evolution of Personal Jurisdiction in New York Over an Out-of-State Defendant

By: Jeff Basso, Esq.

Posted: December 12th, 2017

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One of the more challenging and ever-evolving issues that we continue to see is determining what is necessary to obtain personal jurisdiction in New York State over an individual or business that resides or does business out of state. If you are dealing with real property in New York, a tort that occurred in New […]

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Cybersecurity on Your Side: Nationwide Settles Data Breach Lawsuit Spanning 33 States

By: Jeff Basso, Esq.

Posted: October 27th, 2017

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It’s happening more and more these days: massive data breaches are affecting companies that people use on a regular basis for business or personal reasons.  Typically, hackers will infiltrate a company’s security system, exposing sensitive and personal information of that company’s customers.  Lawsuits then follow, typically in the form of a class action.  Back in […]

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Next Slide, Please: The Use of PowerPoints at Trial

By: Patrick McCormick, Esq.

Posted: April 26th, 2017

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    PowerPoint presentations have become a staple of law school classes, business presentations, and educational seminars – so it’s no surprise that they have also made their way into the courtroom.  But at what point does a PowerPoint cross the line from helpful to harmful?  The Court of Appeals recently addressed this question in […]

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