Attorney selection is the most important strategic decision that you will make over the course of your courtroom experience. The attorney you select not only helps guide the entire procession of the lawsuit moving forward, but is also your point of contact for the judge, the other attorneys, and the parties that you are suing…

The Southern District of New York recently denied Document Technologies, Inc.’s (“DTI”) motion for a preliminary injunction to enforce restrictive covenants against four former employees as well as against a competitor, LDiscovery, who hired the four former employees. See In re Document Techs. Litig., No. 17-cv-2405, 2017 U.S. Dist. LEXIS 104811 (S.D.N.Y. July 5, 2017)….

In Peerenboom v. Marvel Entertainment, LLC, 2017 NY Slip Op 01981 (1st Dep’t March 16, 2017), the New York Appellate Division, First Department, held that an employee did not have a reasonable expectation of privacy in his employer-owned email account and, therefore, any emails exchanged with his personal attorney through this email system were not…

In Sheng v. M&TBank Corp., 2017 U.S. App. LEXIS 1912 (2d Cir. Feb. 2, 2017), the Second Circuit Court of Appeals held that the District Court erred in permitting the admission of an employer’s offer of reinstatement because the offer was, as a matter of law, not unconditional.  In this case, the plaintiff was working…

In the absence of a contractual agreement, an employee is free to solicit customers from his former employer unless trade secrets are involved or fraudulent methods are employed. In determining whether a trade secret exists, New York courts consider the following factors: “(1) the extent to which the information is known outside of the business;…

As Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) claims usually revolve around the same set of operative facts, plaintiffs frequently pursue, in the same lawsuit, the FLSA claims as a collective action and the NYLL claims as a class action under Rule 23 of the Federal Rules of Civil Procedure (“Rule…

In New York, before someone can file a Title VII discrimination/sexual harassment lawsuit in federal court, he or she must first file a charge (complaint) with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged discriminatory act(s).  When analyzing a Title VII hostile work environment discrimination claim, courts will then usually only…

Many people wonder why severance agreements often advise the employee “to consult with an attorney before signing this agreement.” Employers don’t include this language out of the kindness of their heart or out of concern for the employee, but rather because it’s mandated by the Age Discrimination in Employment Act (“ADEA”) – meaning that this…

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