Justin T Kelton

March 29, 2023 | New York Law Journal

A discussion of a recent decision by the National Labor Relations Board limiting the use of non-disparagement clauses in severance agreements.

By Justin T. Kelton and Mordecai Geisler

7 minute read

November 07, 2022 | New York Law Journal

Defamation claims have been gaining attention recently, with a series of high-profile cases going to trial, resulting in some very significant verdicts. In this high-risk environment, businesses and executives should cultivate a solid understanding of defamation law so they can avoid, or defeat, these claims.

By Justin T. Kelton

6 minute read

April 14, 2022 | New York Law Journal

Since partnership disputes often involve threshold questions of whether a partnership interest exists, this article provides a detailed look at New York's tax estoppel doctrine and the various exceptions recognized by New York courts.

By Justin T. Kelton

6 minute read

November 05, 2021 | New York Law Journal

This article analyzes the law of oral partnerships in New York, and summarizes how such partnerships can be created, operated and terminated.

By Justin T. Kelton

6 minute read

June 09, 2021 | New York Law Journal

This article examines Judge Jed Rakoff's analysis in 'Zurich American Life Insurance v. Nagel', which provides an important reminder that not all misconduct involving a trade secret qualifies as "misappropriation" under the DTSA.

By Justin T. Kelton

5 minute read

April 02, 2021 | New York Law Journal

The court's decision created a sweeping new per se rule holding that individual owners do not qualify as "employers"—and, therefore, are exempt from the NYCHRL's vicarious liability provisions—despite the expansive scope of the statute.

By Justin T. Kelton

5 minute read

December 07, 2020 | New York Law Journal

'Legg' provides critical guidance on a key strategic option available to trial and appellate attorneys seeking to lock in a partial victory and reduce risk while pursuing an appeal.

By Justin T. Kelton

5 minute read

May 22, 2020 | New York Law Journal

In preparation for this influx of litigation, this article provides an overview of "failure to accommodate" claims under the Americans with Disabilities Act (ADA), which will be a centerpiece of coronavirus litigation for years to come.

By Justin T. Kelton

7 minute read

March 19, 2020 | New York Law Journal

Will these unprecedented circumstances constitute force majeure events, such that they provide a defense to a claimed breach? This article provides an overview of how New York courts are likely to grapple with this urgent issue.

By Justin T. Kelton

6 minute read

February 10, 2020 | New York Law Journal

The decision in 'Centi v. McGillin' clarifies the limits of New York's "illegality" defense, and confirms the court's strong preference for enforcing private agreements according to their terms.

By Justin T. Kelton

6 minute read