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While a former employer cannot impose a non-compete restrictive covenant against an ex-employee in perpetuity, the recent case of Coeur, Inc. v. Wygal, No. 6:20-CV-06473 EAW, 2021 WL 4225657 (W.D.N.Y. Sept. 16, 2021) has shown that trade secrets can indeed remain secret forever. By way...
Sometimes, a breach of contract claim is not enough, especially when presented with a bad faith scheme to undermine the deal which founded the contract. In the recent decision in Healthy Lifestyle Brands, LLC v. Env't Working Grp., No. 20 CIV. 1098 (ER), 2021 WL 4459458, at *1...
As seen in the New York Law Journal The COVID-related increase in the number of employees working remotely has created an unexpected consequence: heightened risk of cyberattacks as employees are logging on to office networks through personal computers which may not be as secure as office...
When employees speak to in-house counsel, it is often assumed that the information is protected by the attorney-client privilege. However, as demonstrated in a recent decision in a New York federal district court, not all communications between in-house counsel and company employees are...
When preparing a legal opinion which could apply to more than one entity with a joint interest, a good phrase for attorneys to keep in mind is “All for one, and one for all!” In a recent decision from the New York Supreme Court in a billion-dollar case, a plaintiff was able to...
Waiver is the relinquishment of a known right. Sometimes waiver is explicit. Sometimes, however, waiver results from a party sitting on a breach of contract for years and not treating it as a deal-breaker until it is looking for an excuse to terminate that contract. This sort of bad...
