- An arbitration award entered in a dispute between two parties over the alleged issuance of shares in a financing transaction was vacated by a court because of the arbitrator’s failure to issue the written award on time.
Latest from The Business Divorce Law Report
- In a business divorce case alleging the fraudulent acquisition of shares, once the defendant established the existence of a release, plaintiff must prove it is invalid.
- A claim of a fiduciary relationship does not relieve plaintiff of proving that he
A an ordinary contract, even between close friends, does not create a fiduciary relationship from which a court will find an equity interest.
Dominic Thomas Karipaparambil, Plaintiff-Appellant, v Robert Michael Polus et al., Defendants-Respondents. Judgment, Supreme Court, New York County…
Continue Reading No Breach of Fiduciary Duty in Ordinary Contract
- In a dispute among general partners, a single verbal threat against spouse of one of the partners does not create a claim for intentional infliction of emotional distress.
CHERYL E. CHAMBERS, J.P. SYLVIA O. HINDS-RADIX COLLEEN D. DUFFY ANGELA G.…
Continue Reading Threats Against Partner’s Ex Not Intentional Infliction of Emotional Distress
- Dissolution is denied when purpose of limited liability company did not include a member’s participation in management, and petition for dissolution is dismissed.
- The standard for dissolution of a limited liability company in New York is more stringent than that
- An agreement prohibiting a former associate of a law firm from competing with his former employer within 90 miles of New York City was void and unenforceable.
- Solicitation of the clients of a law firm by a former associate may
- A former employee will violate the computer fraud and abuse act only by having unauthorized access to data, not by using data for an unauthorized purpose.
- Former owners or employees that access computer systems after termination may be liable under
- A charging lien protects the interest of a lawyer in fee that is to be paid from a contingent-fee recovery. A statutory lien may be enforced through a petition filed in an underlying action.
- The amount of a charging lien,
Independent Contractor, or Not …
Divining the difference between the traditional employee and an independent contractor has an inherent level of uncertainty, particularly in this era of gig workers and home offices brought about by the Covid pandemic.
Continue Reading Independent Contractor Rule is Withdrawn
In most lawsuits, there is a presumption that the matter will, in most circumstances, go to trial. A party involved in a dissolution action involving a closely held New York corporation needs to request a hearing, however, or risk having…
Continue Reading Failure to Request Hearing is Fatal to Dissolution Action