Insights & Tips
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
