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Divided Loyalty: Damages For Employee Disloyalty Claims 

At first blush, two principles regarding the loyalty due to a current employer from an employee seem irreconcilable: On one hand, an employee owes his employer complete loyalty; on the other, an employee may incorporate a competitive business prior to departure from employment as long as he does...

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What to do When a New York Based Client Gets Sued Out of State

In E3 Innovation Inc., et al. v. DCL Techs. Inc., et al., No. CV-21-01141-PHX-DWL, 2021 WL 5741442 (D. Ariz. Dec. 2, 2021), the United States District Court for the District of Arizona recently dismissed an action for lack of personal jurisdiction against three non-resident independent contractors...

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An Alternative to Arbitration via Commercial Division Rule 9

In late 2018, the First Department’s decision in Daesang Corporation v. The NutraSweet Company, 167 A.D.3d 1, 85 N.Y.S.2d 6 (1st Dep’t 2018) refused to vacate a $100 million arbitration award premised upon a purported manifest disregard of law, confirming that:  “The potential for ......

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Speed & Efficiency – The New Norm for Commercial Division Cases

With the recent adoption of new Commercial Division Rules, and several others proposed and open for public comment, practicing in the Commercial Division is likely to become more akin to Federal Courts, adding greater speed and efficiency to the litigation process. In June 2012, Chief Judge...

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