It is not uncommon in litigation and, in fact, is sometimes mandated, that prior to filing a motion, counsel will submit a pre-motion letter to the Judge explaining their position, a preview of what’s to come.  Some practitioners might be tempted to set forth a broad sketch of their...

Spoliation of evidence can negatively affect a client’s case before the lawsuit is even filed.  Clients should avoid the temptation to delete emails or texts, and affirmatively make certain that no documents are “routinely” deleted with litigation on the horizon, as shown in the...

A complaint missing key factual pleadings and setting forth bare legal conclusions masquerading as facts was recently dismissed in a scathing opinion by the Maryland Federal Court in Temescal Wellness of Maryland, LLC T/A Evermore Cannabis Company, v. Faces Human Capital, LLC, et al.,...

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...