Curtis B Leitner

April 15, 2024 | New York Law Journal

This article highlights competing New York case law when it comes to termination procedures laid out in employment contracts, as well as the implications of it.

By Curtis B. Leitner and Trevor J. Larrubia

8 minute read

January 04, 2024 | New York Law Journal

Sometimes the "cause" standard in employment contracts specifies particular misconduct and a minimum level of culpability, such as "gross negligence" or "recklessness." Sometimes it's undefined. Either way, these provisions leave open a critical issue: the relevance of the employer's honesty, good faith and evenhandedness in applying the "cause" standard. Surprisingly, the New York case law on this point is a mixed bag.

By Curtis B. Leitner and Justyn B. Stokely

8 minute read

September 19, 2023 | New York Law Journal

In his March 2023 column, Curtis Leitner discussed how the trial court in 'Cresco' bucked the principle that damages from a breach of a preliminary "agreement to agree" are limited to out-of-pocket costs—however, the First Department reversed this decision in June. This column addresses that reversal.

By Curtis B. Leitner

8 minute read

June 12, 2023 | New York Law Journal

A recent decision in the Southern District of New York, Rhee v. SHVMS, provides important guidance on the distinction between a finder and a broker. This article explains the distinction, the surrounding legal uncertainty, and how Rhee creates a practical roadmap for drafting compliant and enforceable "finder's fee" agreements.

By Curtis B. Leitner and Peter J. Gennuso

9 minute read

March 01, 2023 | New York Law Journal

In this new column, Curtis Leitner, a business litigation Partner at McCarter & English's New York City Office, together with a guest columnist, analyzes developments in New York contract law from a litigation perspective.

By Curtis B. Leitner and Joseph R. Scholz

10 minute read

October 03, 2013 | Corporate Counsel

Within the law as it now stands, in-house counsel can take steps to promote both fairness to employees and effectiveness of internal investigations, while providing a vigorous representation of the company.

By Jonathan S. Sack and Curtis B. Leitner

6 minute read

March 25, 2013 | New York Law Journal

Catherine M. Foti, a principal of Morvillo Abramowitz Grand Iason & Anello, and Curtis B. Leitner, an associate at the firm, write that the D.C. Circuit's decision in 'Noel Canning' creates a circuit split with the Eleventh Circuit, which in 2004 upheld President George W. Bush's appointment of William H. Pryor to that court during an eleven day intrasession recess. A brief review of the disagreement between the two decisions makes clear there are reasonable arguments on all sides.

By Catherine M. Foti and Curtis B. Leitner

18 minute read

July 11, 2011 | New York Law Journal

Jonathan S. Sack, a partner at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, and Curtis B. Leitner, an associate at the firm, write that since the Supreme Court decided United States v. Aguilar, the nexus requirement has proved to be an important check on prosecutions brought under the federal obstruction statutes. A recent prosecution in the Third Circuit raises serious questions about the strictness of the nexus test under the witness tampering statute.

By Jonathan S. Sack and Curtis B. Leitner

18 minute read