Plaintiff Kolodin is a singer who lived with her agent, defendant Valenti. Despite the deterioration of their relationship the parties maintained a professional arrangement and Kolodin continued to sign with Valenti and his company, Jayarvee. At some point, their relationship turned worse and Kolodin obtained an order of protection against…
Often, litigation involving a corporation will be framed as a derivative action meaning, that the shareholder that is suing is doing so on behalf of the corporation but not individually. A prerequisite for a derivative action is the suing shareholder’s demand on the board to act on behalf of the…
In interpreting deal documents, an issue arose as to the definition of the word “control” when used in an attempt to obtain “control” over a board of directors. For that reason, and others, the law firm that drafted those documents was found liable to its client to the tune of…
We have written and counseled on an employer’s right to access an employee’s personal email account from a work computer. Here is an article that goes beyond email, to an employer’s ability to access an employee’s social media account, for a host of reasons, even if accessed from a personal…
Tyco and IDT entered into a joint venture agreement. Numerous litigations commenced, which were settled by a 2000 settlement agreement. That settlement agreement provided for IDT to use Tyco’s yet unbuilt infrastructure, upon the parties’ mutual agreement. As time went on, negotiations failed to produce mutually agreeable terms and conditions…
Plaintiff, Castle Oil Corp., operated a fuel oil terminal in the Bronx, receiving and supplying fuel. The terminal was insured by defendant ACE American Insurance Co. for “direct physical loss or damage” during the policy period. The policy included provisions for flood damage, including from storm surges, which carried a…
After Johnson was terminated by her employer, a subsidiary of a Florida company, Johnson went to work for a competitor. Claiming that working at Johnson’s new job violated a non-compete agreement that she had signed, her prior employer sued Johnson and her new employer. The agreement sued upon contained a…
An issue that client’s grapple with concerns how to measure damages where a contract to buy real property is breached by the purchaser. In 2013, the Court of Appeals (New York State’s highest court) addressed this in a comprehensive decision. Parties to a real estate contract often assume that where…
Hokto USA is a subsidiary of Japan-based Hokuto Co. Ltd. Hokuto Co. grows non-organic mushrooms in Japan. Hokto USA produces the same mushroom varieties in the United States as Hokuto Co. does in Japan, but Hokto USA’s products are certified organic. To earn organic certification, Hokto USA’s plants are state…
I received some interesting information from EisnerAmper concerning this issue, which many people may be unaware of. Have a read here.