Does an Employer’s $180 Million Theft Invalidate an Employee’s Non-Compete?

August 23, 2017

What happens to an employee’s non-compete covenant if the employer and its top executives are convicted of assorted felonies – like stealing $180 million?  We have previously written that New York Courts will not enforce a non-compete covenant against an employee terminated without cause.  Viewed in this light, does an employer’s felony conviction, on its … Continue reading Does an Employer’s $180 Million Theft Invalidate an Employee’s Non-Compete?

Read More
Tags: , ,

How an Oral Agreement Cost Twin Brothers Two Jimi Hendrix Guitars

August 16, 2017

Today, in the middle of the 48th anniversary of the Woodstock music festival, we pause to remember legendary guitarist Jimi Hendrix – and a recent lawsuit involving a dispute over ownership of two of Jimi’s guitars.  The outcome of the suit is a reminder that when you loan out $400,000 worth of Jimi Hendrix guitars, … Continue reading How an Oral Agreement Cost Twin Brothers Two Jimi Hendrix Guitars

Read More
Tags: , , ,

Hacking Email Accounts is a Bad Litigation Strategy

August 9, 2017

It might seem obvious that hacking into your adversary’s email account and stealing email is a dangerous litigation tactic, but that has not stopped New York litigants from trying.  Unsurprisingly, New York Courts do not condone email theft and the trend appears to be towards harsher penalties, including recently striking a defendant’s answer and giving … Continue reading Hacking Email Accounts is a Bad Litigation Strategy

Read More
Tags: , ,

Usury and When is a Loan a Loan

August 2, 2017

New York, like many states, provides a usury defense against enforcement of certain loans, which stated simply means that if the interest rate is too high, the borrower can avoid repayment.  Usury applies to non-contingent loans (e.g. the lender has an absolute right to payment), and does not apply to investments where returns are based … Continue reading Usury and When is a Loan a Loan

Read More
Tags: , , ,