Insights & Tips

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 …

Cybersecurity is a growing area essential for protecting confidentiality of trade secrets. Keep up with this rapidly expanding field by learning about cybersecurity developments put together by CREATe.org. To learn more how CASTAYBERT PLLC can assist y …

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 foreign or …

Andre Castaybert recently became a member of the New York International Arbitration Center (NYIAC). The NYIAC is a nonprofit organization promoting the conduct of international arbitration in New York. NYIAC develops programs and materials about intern …