August 18, 2021 | New York Law Journal
The Worst Place To Litigate Merchant Cash Advance Disputes Is Out-of-State, So Fix Your Contracts Already!Despite New York choice-of-law and venue provisions, MCA funders are often forced to defend their New York MCA agreements when sued by merchants in sister states. This article discusses several cases which provide "teachable lessons" for MCA funders to fix their MCA contracts.
By Jacob H. Nemon and Jeffrey S. Boxer
8 minute read
July 01, 2021 | New York Law Journal
Merchant Cash Advance Litigation Is Getting WilderWell-developed MCA jurisprudence has resulted in more careful MCA agreement drafting in recent years, but some recent decisions suggest that MCA litigation is about to get wilder.
By Jacob H. Nemon and Jeffrey S. Boxer
8 minute read
December 09, 2013 | Inside Counsel
Inside: Contemplating consideration for non-compete agreementsCareful planning before executing restrictive covenants can ensure that consideration issues do not undermine the enforceability of the covenants down the road.
By Jeffrey S. Boxer, Emily Milligan
4 minute read
November 11, 2013 | Inside Counsel
Inside: Differences in state law could sink your non-competesFurther complicating matters, a number of states have recently enacted or are contemplating enacting statutes that will create further differences in state law.
By Jeffrey S. Boxer, Emily Milligan
9 minute read
October 28, 2013 | Inside Counsel
Inside: An overview of non-compete agreementsSelection and enforcement of an appropriate form of restraint involves not only balancing the employers and employees legal interests, but is often affected by the parties bargaining leverage.
By Lawrence F. Carnevale, Jeffrey S. Boxer
6 minute read
October 02, 2006 | National Law Journal
May recruiters solicit employees from clients?Employers may not realize that the recruiters who are assisting them may also be placing their own employees with other companies. The role of recruiters and the limits on their conduct in soliciting employees from one of their own clients has not yet received extensive judicial attention.
By Jeffrey S. Boxer/Special to The National Law Journal
10 minute read
March 25, 2013 | Corporate Counsel
7 Steps to Enhance Post-Employment Restrictive CovenantsEmployers often enter into post-employment non-compete agreements only to find that when the employees leave, the restrictive covenants are not enforceable or do not provide sufficient value to the company.
By Jeffrey S. Boxer
8 minute read
January 16, 2013 | New York Law Journal
Divestiture of Jurisdiction of District Court Pending AppealJeffrey S. Boxer, a partner at Carter Ledyard & Milburn, and Leonardo Trivigno, an associate with the firm, discuss the circuit split on whether a district court may continue to adjudicate the merits of the underlying claims while an interlocutory appeal from the denial of a motion to compel arbitration is pending, or whether the filing of a notice of appeal divests the district court of jurisdiction.
By Jeffrey S. Boxer and Leonardo Trivigno
8 minute read
April 10, 2013 | The Legal Intelligencer
Seven Steps to Enhance Post-Employment Restrictive CovenantsEmployers often enter into post-employment restrictive covenants (commonly referred to as noncompete agreements) with employees only to find that when the employees leave, the restrictive covenants are not enforceable or do not provide sufficient value to the company.
By Jeffrey S. Boxer
7 minute read
October 09, 2006 | Law.com
Are Your Employees Fair Game for the Recruiter You Hire?As the competition for qualified personnel becomes more intense, employers often retain recruiters or search firms to help find and recruit new employees. Companies may not realize, however, that the recruiters assisting them may also turn around and place their own employees with someone else. Carter Ledyard & Milburn partner Jeffrey S. Boxer notes that such behavior is possible due to the lack of common law and industry restrictions. But a solid contract can still help employers hold onto their people.
By Jeffrey S. Boxer
10 minute read
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