Blog Archive: 2011

When is it Improper for the Seller of a Business to Solicit his Former Customers?

The purchaser of business goodwill will often require the seller to enter into an express "covenant not to compete" prohibiting the seller from engaging in the type of business that he sold. The seller will also often be required to enter into an express "non solicitation" agreement prohibiting him from soliciting his former customers. These practices are intended to allow the purchaser of good…

Peter J. Weishaar

Can a Municipality Reject a Low Bid?

Not if the municipality failed to include the criteria used to disapprove the low bid in the specifications. So said the New York Court of Appeals in a decision handed down on June 9, 2011. Over…

Litigation: The "Civil" Process of Resolving Serious Disputes

It happens to everyone at least once in their lives. You are involved in an automobile accident, have a dispute with the other party to the contract you signed, or see that a competitor’s…

The Mediation Process

Mediation is a form of Alternative Dispute Resolution (ADR) used to settle conflicts before resorting to a formal trial in a court of law. The mediation process is defined as a "method of nonbinding…

Wage Theft Prevention Act Model Notices Issued by the NYS Department of Labor

The newly enacted Wage Theft Prevention Act requires New York employers to provide written notices to employees both at the time of hiring and also on or before February 1st of each subsequent year of…

Arbitration: An Alternative to Litigation

Whenever a dispute arises, whether involving a real estate transaction, contract or other civil controversy, we frequently think in terms of a prospective lawsuit. However, Alternative Dispute…

New York Enhances Penalties for Failure to Comply with Labor Law

Twice in the last four months, the New York Legislature significantly altered the penalty provisions applicable to employers who violate provisions of the New York Labor Law. Most recently, the…

Expanded Notice and Record Keeping Requirements For New York Employers

Previously we wrote an article that detailed the new notice requirements that were effective for New York employers in October of 2009. The "Wage Theft Prevention Act", which was signed into law by…