A blog about the work lawyers do to win commercial disputes
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People frequently sign non-disclosure agreements, promising to keep certain information confidential. Those agreements may not, however, prohibit a signatory from using that confidential information in a lawsuit. But to do so, the signatory may have to ask a judge’s permission to disclose the information privately to the court.
Read MoreNew York courts generally dismiss cases when the parties have agreed to arbitrate their disputes. But an exception may exist where the parties have litigated their dispute in court for awhile and then one party belatedly invokes an arbitration agreement.
Read MoreA major issue that I see frequently is the confusion between contract claims and fraud claims. It is normal for a party to a breach of contract action to feel defrauded when another party does not perform. But New York courts generally dismiss fraud claims when they arise out of a broken promise of future conduct instead of a false statement of present fact.
Read MorePlaintiffs often allege fraud when really their complaint is for breach of contract. People naturally feel like they were the victim of a fraud when they perform an agreement but their counterparty does not. But New York courts distinguish between a failure to live up to a future promise and a false statement of fact.
Read MoreWhen drafting agreements, parties should be aware of what kind of procedures are available to enforce the agreement and, if an expedited procedure is preferable, draft the agreement accordingly. They should also only file for summary judgment in lieu of complaint if the debt meets the applicable criteria.
Read MoreArbitration is traditionally considered to be a cheaper alternative to court litigation. But its filing fees are often much higher than court equivalents, and the lack of published decisions often makes arbitration difficult to navigate.
Read MoreIn a recent decision, an appellate court in Manhattan reversed the dismissal of a lawsuit based on a contract with no written end date. It held that, to determine whether the contract is still in effect, the parties needed to present evidence of how long the parties originally intended the contract to last and whether the defendant is still receiving a meaningful benefit from it.
Read MoreA Manhattan appellate court recently held that a sexual harassment plaintiff needs to disclose in discovery the application she submitted to stay in the United States through a visa program for the survivors of human trafficking. The court held that the plaintiff’s objection to producing the application did not specify any ground, and so it waived any objection “based on any ground other than privilege or palpable impropriety.”
Read MoreFew employers think they are guilty of racial or sexual discrimination when they fire someone. But even for employers that comply with the law, responding to a discrimination claim may still require depositions and legal argument. This is why employers should take proactive measures to ensure they avoid the risk of litigation and prepare themselves well if a dispute arises.
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