According to the Federal Trade Commission, auto repair complaints remain in the top 10 consumer grievance categories. People are frequently persuaded to have unnecessary repairs completed on their automobiles simply due to the lack of knowledge and understanding of them, ...
Tagged with: Advocate's View Stephanie Wood
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After practicing civil litigation in the Miami, Florida, area for 12 years, this past year I exchanged my flip flops for a warm pair of boots when I relocated back to my home town of Rochester and joined Leclair Korona ...
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On June 11, the New York State Court of Appeals addressed two meaningful issues in the enforceability of restrictive covenants in a decision rendered in the case of Brown & Brown, Inc. v. Johnson, 2015 N.Y. Lexis 1396. Reversing a ...
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By LAURIE A. GIORDANO AND ALISSA M. VALENTINE Daily Record Columnists The Fourth Department’s recent decision in Litz v. Clinton Cent. Sch. Dist., 2015 N.Y. App. Div. LEXIS 2245 (4th Dept. Mar. 20, 2015) potentially expands the scope of the ...
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Read More »The federal False Claims Act grants the government (or a private party suing on the government’s behalf) the right to seek damages vastly exceeding what is normally available in a fraud action. Enacted in 1863 to combat fraud by government ...
Tagged with: Advocate's View False Claims Act
Read More »The Court of Appeals’ 4-3 decision in Biotronik A.G. v. Conor Medsystems Ireland, Ltd., 22 N.Y.3d 799 (Mar. 27, 2014), raises new questions about pursuing lost profits in a breach of contract action. Biotronik held that, based on the contract ...
Tagged with: Advocate's View Jeremy M. Sher
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The Securities and Exchange Commission issued a press release on June 16 warning of its intent to “continue to exercise [its] anti-retaliation authority.” This comes in the wake of the SEC’s finding that Paradigm Capital Management Inc. of Albany violated ...
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BDO Seidman v. Hirshberg remains the leading New York authority on enforcing post-employment restrictive covenants — contracts that prevent an employee from competing with his employer after leaving his job, 93 N.Y.2d 382 (1999). Now approaching its 15th anniversary, BDO ...
Tagged with: Advocate's View Jeremy M. Sher
Read More »Starting and formalizing a business relationship, be it a partnership, limited liability company or closely held corporation, often includes a discussion about an agreement to resolve disputes only by way of arbitration. At the beginning of the business relationship, when ...
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Read More »This is part 2 of a 2-part column. The first part was published in Thursday’s edition. Smaller employers not covered by the Family and Medical Leave Act are not required to provide the same protected unpaid leave. However, other statutes ...
Tagged with: Advocate's View Laurie A. Giordano
Read More »This is part 1 of a 2-part column. The second part will be published in Friday’s edition. Employee requests for medical leaves of absence or accommodations to perform essential functions of a position often raise various issues of which both ...
Tagged with: Advocate's View Laurie A. Giordano
Read More »I write during this holiday season to discuss and celebrate the work of the Worker Justice Center of New York, Inc., a statewide legal services organization with local roots and a strong local presence. Some readers may recognize the name ...
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