Insights & Tips


André Castaybert PLLC

On December 17, 2017, the New York County Supreme Court dismissed claims asserted by financial analytics firm First Manhattan Consulting Group that its competitor, Novantas, Inc., poached its employees to steal trade secrets.  The specific claims again …

Category: Employment Law | Intellectual Property Law

This past December, the Second Circuit held that unpaid students working at Hearst Communications were in fact interns, and not entry-level employees, as Xuedan “Diana” Wang claimed in her lawsuit against the corporation. Her 2011 complaint alleged tha …

Category: Employment Law | Fashion Law

In its recent Chaca v. Abraham decision, the New York State Court of Appeals held that an employee may seek punitive damages where the employer’s discriminatory actions were willfully or wantonly negligent, or where there was “a conscious disregard of …

Category: Business and Employment Litigation | Employment Law

Forms necessary for employee leave under the Paid Family Leave Law are now available online here. Forms are available for employees, employers, and insurance carriers. For employees, forms include those for bonding leave, leave for a family member’s se …

Category: Business and Employment Litigation | Employment Law

The NLRB’s Boeing Company decision this past December marked a significant change in how the Board reviews facially neutral workplace policies that appear to interfere with rights protected under the labor relations law. In the past—as established by t …

Category: Business and Employment Litigation | Employment Law

Isaac Kaplan’s article, 5 Lawsuits That Could Reshape the Art World in 2018, discusses upcoming matters with far reaching legal implications for artistic works: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Graham v. Prince et al., th …

Category: Art Law | Intellectual Property Law

Various media organizations have called upon the New York State Court of Appeals to reject Lindsay Lohan’s case against the publishers of Grand Theft Auto V. The actress alleges that a character in the game, Lacey Jonas, violates her right of publicity …

Category: Intellectual Property Law

This past week, the National Labor Relations Board reinstated the traditional joint employer test, requiring that an alleged joint employer controls the essential terms and conditions of employees in question. In 2015, Browning-Ferris established a bro …

Category: Business and Employment Litigation | Commercial Litigation | Employment Law

André Castaybert PLLC

 By Karen E. Clarke, Of Counsel at Castaybert PLLC   In In re Estate of Hennel, 29 N.Y.3d 487 (2017), an estate litigation originating in the Surrogate’s Court, the New York Court of Appeals took the opportunity to establish a stringent “unconscionabil …

Category: Commercial Litigation | Fiduciary and Estate Litigation

1. What is the status of your trade secrets? Trade secrets come in many forms, and a proper assessment of your company’s assets in this area will ensure that you are current regarding the number, kind, and value of the company’s trade secrets. Some exa …

Category: Business Transactions | Business and Employment Litigation | Commercial Litigation | Commercial Litigation and Arbitration | Corporate | Employment Law | Intellectual Property Law

Divorce arbitration can offer couples and families an efficient, less expensive and more private alternative to traditional fault divorce. Divorce arbitration also puts more control of timing and other logistics in the hands of the parties, as opposed …

Category: Family and Marital Law

André Castaybert PLLC

By Karen E. Clarke, Of Counsel at Castaybert PLLC The Court of Appeals for the Second Circuit has recently reconfirmed the high bar to set aside an arbitration award on the ground that it was procured by fraud.  In Odeon Capital Group LLC v. Ackerman, …

Category: Business and Employment Litigation | Commercial Litigation and Arbitration

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