Perhaps the most important aspect of any case is determining what your damages are. After all, isn’t that generally the point of all our efforts – to try to recover the most amount of money? The defendant may undeniably be the villain you make them out to be, and undoubtedly they have caused you all
CAN A NON-SIGNATORY BE COMPELLED TO ARBITRATE CLAIMS?
Your client who was just subpoenaed to provide documents in an arbitration, advises you, but with confidence says “But we did not agree to arbitrate, so I can ignore this, right?” After some discussion, your client agrees it’s in her best interest to comply with the subpoena, but only after you promise she
Money Can Buy You Shares in A Company But It Can’t Buy You Preliminary Injunctive Relief
A preliminary injunction is one of the available provisional remedies, namely, equitable relief entered by a court prior to a final determination of the merits. The relief usually orders a party to restrain from a course of conduct or compels a party to continue with a course of conduct until the action has been decided.
Those Seeking to Vacate An Arbitration Award Face An Uphill Battle
You’ve just represented a client in an arbitration proceeding…and lost. The client wants to “appeal” the decision. Now what? The only remedy your client has is to request that the court vacate or modify the arbitration award. However, this is no small task.
A recent decision by New York County Commercial Division Justice Charles E.
Default Judgment Entered on a Promissory Note Even Though Claim Likely Violated Criminal Usury Laws
So a plaintiff obtains a default judgment against a defendant on a promissory note case. Defendant fails to appear or defend. On a motion to enter the default pursuant to CPLR 3215, one would assume that without opposition, judgment would be entered for the amount of the loans. Interestingly, t
hat’s not quite what happened
Is Customer Information a Trade Secret? Not So Fast!
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.