So you were just retained on what could become a high-profile case. The stakes are high, and it’s unclear how this will play in the media. The issue may arise based on the parties to the case, the nature of the claims, or both. Either way, as part of your litigation strategy, you decide that
November 2017
Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!
By Matthew D. Donovan on
“The expert discovery rules are promulgated so no party will be ‘sandbagged’ or surprised by another expert’s opinion” – Manhattan Commercial Division Justice Eileen Bransten
Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple of recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial…
To Demand or Not Demand, “Futility” is the Question
By Farrell Fritz P.C. on
Posted in Motions
Under Delaware law, the decision to commence litigation on behalf of a corporation is, of course, a fundamental exercise of business judgment, which decision rests with the Board of Directors. A shareholder, therefore, cannot bring a derivative action without pleading that a demand on the corporation to do so had been made, or that…
Is Customer Information a Trade Secret? Not So Fast!
By Farrell Fritz P.C. on
Posted in Remedies
Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a former employee ? A recent decision by Justice Elizabeth H. Emerson on this issue serves as a stark reminder that a preliminary injunction requires “clear and convincing” proof that the information is truly a secret.…