Litigation

Appellate Court Affirms Individual Liability in Employment Discrimination Case

The latest batch of decisions from the Appellate Division, Fourth Judicial Department (the “Fourth Department”) included a pair of employment discrimination cases arising out of proceedings before the New York State Division of Human Rights (the “Division”). In Matter of El Agave Mexican Grill, Inc. v. New York State Division of Human Rights, the Court affirmed judgment…

Peter J. Weishaar

Are Non-Compete Agreements Assignable?

This is not a question that comes up very often. But, earlier this year, Monroe County Supreme Court denied a motion for preliminary injunction where there was a sharp factual dispute over this…

When Can Courts Partially Enforce Non-Compete Agreements?

Restrictive covenants in employment—also referred to as non-compete clauses—are generally not favored. However, they will be enforced by the courts to the extent they are reasonable…

Child Victims Act – Reviving Old Claims and Implicating Organizations’ Liability

UPDATE: Legislation to extend the window within which to file claims under the Child Victims Act was signed into law by the Governor. The window to file claims is now extended to August 14, 2021.…

Top NY Court: 'Private' Facebook Photos Might be Disclosed in Personal Injury Lawsuits

By Peter J. Gregory In a unanimous decision, New York’s highest court, the Court of Appeals, recently ruled that Facebook users might be required to turn over photos and other information…

The Gift Cards Will Keep On Giving

By William E. Brueckner As the gift-giving holidays come to a close, many of us find ourselves in possession of one or more gift cards. The cards are becoming increasingly popular: in 2015, a…

Negotiating SBA Loan Repayments

The U.S. Small Business Administration (“SBA”) is a federal agency that helps entrepreneurs grow their businesses by assisting with access to loans. The SBA guarantees a portion of the loans made…

New York Expands Shareholder Liability For Unpaid Wages

Last year, the Legislature amended the Wage Theft Prevention Act to add a provision to the New York Limited Liability Company Law, imposing personal liability on the members of a limited liability…