The Bottom Line The Griffin opinion paves the way for plaintiffs to assert an "aiding and abetting" theory to sue their employer's corporate customers, clients and vendors for participating in conduct or decision-making alleged to be unlawful under the NYSHRL, even if such participation Continue Reading
When Is a “Firm Offer” Really Firm When Negotiating Talent Agreements? When the Term Sheet Says So
The Bottom Line Using words like “firm” and “binding” in emails or other documentation when sending over a term sheet to the other side does not necessarily create a firm offer, especially if there is contradictory language in the body of the actual term sheet. Contracting parties who wish to rely Continue Reading
Courts Begin to Rein in Scope of New Jersey Truth in Consumer Contract, Warranty and Notice Act
The Bottom Line As the barrage of TCCWNA-related class actions continues, courts are beginning to rein in the scope and applicability of New Jersey’s consumer protection statute. Claims by consumers who allege technical violations without any separate, identifiable harm may finally begin to Continue Reading
Enforcing Restrictive Covenants Against Employees Discharged Without Cause
The Bottom Line A bright-line rule that an employer may not enforce restrictive covenants against an employee terminated without cause appears to be re-emerging in New York. But there are potential strategies for employers to secure enforceable post-employment restrictions against an involuntarily Continue Reading