Insights & Tips
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, …
As unlikely a pair as they may seem, the fashion industry and the insurance industry do overlap in some important ways. Whether they are designers, retailers, manufacturers or modeling agencies, insurance is crucial to the individuals and companies in …
By Karen E. Clarke, Of Counsel Since the federal Defend Trade Secrets Act (“DTSA”) took effect in May 2016, a handful of district courts have had occasion to address the pleading requirements for a …
What do you do when you suspect there has been a trade secret theft? Do you wait until you have sufficient evidence of misappropriation before proceeding to file either a declaratory judgment action or an ex parte temporary restraining order? Or do you …
By: Karen E. Clarke, Of Counsel As discussed in our June 8, 2016 article, 28 U.S.C. § 1782 is a helpful U.S. statute that enables foreign litigants to obtain documentary or testimonial evidence from U.S. persons “for use in a proceeding in a forei …
