Like most states in the country, New York is an “employment at will” state. This means that if there is no written agreement between the employer and employee governing when …
On March 20, 2018, the United States Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund, 138 S. Ct. 1061, 1069 (2018), in which it unanimously held that …
Judicial protection of confidential information is often sought to shield highly sensitive information, trade secrets and financial information from the public. One way to achieve this objective is to obtain …
In the past, we have written about many aspects of arbitration. Our articles have covered issues such as the duty to arbitrate, as well as the bases upon which to …
The elements of a cause of action for breach of contract are: (1) the existence of a contract between plaintiff and defendant; (2) performance by one party; (3) the other …
Statutes of limitations limit the duration of a defendant’s liability for all types of alleged wrongdoing. Plaintiffs who do not prosecute their claims within the limitation period will find the …
Over the past several months, this Blog has examined cases in which plaintiffs brought contract claims and fraud claims in the same action (here, here and here). As discussed in …
In today’s article, we examine ASV Techs., Inc. v. Sterling Natl. Bank, 2020 N.Y. Slip Op. 32208(U) (Sup. Ct., N.Y. County July 7, 2020) (here). ASV involved the Statute of …
It is not uncommon for plaintiffs to assert breach of contract and fraud in the same action. It is also not uncommon for the fraud claim to be dismissed as …
We have often written about the justifiable reliance element of a fraud claim (e.g., here, here, here, here, and here). Though the outcome of the issue is typically fact dependent, …
