New York Law Journal | Analysis
By Seth M. Pavsner and Tyler Mitchell | November 3, 2023
In this article, Seth M. Pavsner and Tyler Mitchell discuss the Federal Trade Commission's new proposed rule that would classify non-compete agreements in employment contracts as an "unfair method of competition."
New York Law Journal | Expert Opinion
By Carol A. Crossett | October 27, 2023
In the wake of the OceanGate submersible tragedy, there has been much discussion about liability waivers and whether they can bar a lawsuit.
New York Law Journal | Analysis
By Thomas E.L. Dewey | October 13, 2023
A decision out of the Southern District of New York addresses what happens when parties to a dispute negotiate a draft settlement agreement, one party makes changes to the draft, the other party accepts those changes and requests a signature, but the party who had proposed the changes doesn't sign the document.
By Emily Saul | October 12, 2023
The settlement, which a Southern District judge formalized Wednesday, frees any staffer who worked on Donald Trump's 2016 campaign from nondisclosure and nondisparagement clauses in their employment agreements.
New York Law Journal | Analysis
By Peter Brown | October 10, 2023
The rapid expansion of business and consumer applications that utilize artificial intelligence is a new challenge for counsel drafting or negotiating previously routine agreements for computer services. This article highlights some novel issues counsel must address when encountering systems that utilize AI.
By Scott Mollen | October 10, 2023
Scott Mollen discusses "Hansen Family Invs., LLC v. Rabadi," involving a dispute arising from a failed sale of a condominium apartment, and "COD LLC v. Ljuljdjuraj," where the court held that a fired building superintendent had tenancy rights under his lease.
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen | October 3, 2023
In this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."
By Emily Saul | September 19, 2023
The complaint alleges that Giuliani executed an agreement with his longtime friend Costello in 2019, agreeing to a retainer of just over $1.5 million. He has so far paid just $214,000, according to the complaint.
New York Law Journal | Analysis
By Curtis B. Leitner | September 19, 2023
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 Kevin G. Faley and Andrea M. Alonso | September 14, 2023
The Espinal doctrine is a useful tool for defendants to limit their liability to third parties. Here, Kevin Faley and Andrea Alonso discuss cases that demonstrate the Espinal exceptions and how the courts interpret this doctrine.
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