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NYC Litigation Blog

Monday, November 12, 2018

Takeaways From the Dallas Mavericks’ Sexual Harassment Scandal


Why might sexual harassment occur in a workplace despite clear company policies forbidding it?

This past February, an article came out in Sports Illustrated revealing disturbing instances of sexual harassment and workplace misconduct in the office of the NBA team the Dallas Mavericks.  Following release of the article, several serious investigations were launched. Allegations regarding a hostile workplace and unwanted sexual advances by staff swirled, all despite a company policy in place banning such practices.  Our Read more . . .


Thursday, October 25, 2018

Grounds for a Wrongful Termination Suit in NY


Can I be fired without cause if I have an employment agreement?

Employees today are typically deemed to be “at-will,” meaning that an employer can terminate the employment at any time.  However, certain employees who have a written or oral employment contract may be entitled to protections against firings without cause.  Additionally, even at-will employees cannot be terminated for discriminatory or retaliatory reasons. Our Read more . . .


Saturday, October 13, 2018

Apple Faces Allegations of Trade Secret Theft

Qualcomm, a telecommunications company that focuses on the development and licensing of mobile phone chips, recently accused Apple of stealing trade secrets and giving them to competitor Intel Corp.  In its lawsuit, Qualcomm asserts that Apple unlawfully transmitted the company’s trade secrets for the purpose of improving upon chipsets like those manufactured by Intel, so that Intel could ultimately garner Qualcomm’s Apple-based business.  This lawsuit is just the most recent in a series of legal disputes between Apple and Qualcomm.  Our NYC trade secrets lawyers discuss the Qualcomm versus Apple battle and the ways in which your company can protect trade secrets below.


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Monday, September 17, 2018

NY Employers Need To Comply With New Sexual Harassment Policies

What changes should be made to my employee handbook to conform to new NYC laws?

The #MeToo movement has awakened the nation to the ongoing problem of sexual harassment. In an effort to end sexual harassment in the workplace, lawmakers in New York and New York City have passed a series of laws that will apply to employers of all sizes. Failure to comply with such laws could leave NYC employers vulnerable to litigation. It is imperative that New York employers consult with an..


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Monday, September 10, 2018

Workplace Confidentiality Agreements Criticized During #MeToo Movement

Can Private Employers in New York Require Sexual Harassment Victims Sign an NDA?

The #MeToo movement has changed the way that our nation views sexual harassment. Women who were once afraid to come forward are now empowered to call out their harassers, and laws that have long favored protecting the harasser are being reexamined. Confidentiality agreements, which often required employees agree not to disclose instances of sexual harassment in order to get or keep their job, have come under close scrutiny. Several states, including New York, are reforming confidentiality laws to better protect the victims of..


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Wednesday, August 15, 2018

New York to Decide Whether Tipped Wages Should End

If NY eliminates the tipped wage, how much will tipped employees make per hour?

The state of New York is set to make an important decision for employers and employees across the state. At issue is whether tipped wages should be abolished in New York, with workers instead paid the full minimum wage. The state Labor Department heard over 40 hours of testimony thus far and welcomed hundreds of written comments as to whether the state should end the separate wage policy for workers and others who rely heavily on tips. The proposed law has many supporters, but staunch opposition as well. Our


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Friday, August 3, 2018

Your FitBit Could Testify Against You in Court

What new technologies could play a role in civil litigation cases?

As technological innovations continue to shape our world today, more data from our wearable and other technologies are making their way into court. Data from your FitBit, Alexa, Apple watch, and like devices could prove relevant in any number of civil litigation cases, from personal injury actions to business disputes. Already, data from personal devices have been used in courts across the country. Our...


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Tuesday, July 17, 2018

The Story of #CockyGate and What It Means for Trademark Authors

What are the hazards of attempting to enforce a weak trademark?

A romance novelist took out a trademark for the word “cocky,” then attempted to enforce this mark against fellow authors. What unfolded became known as #CockyGate.


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Friday, July 6, 2018

Employment Discrimination and Freelancers

What protections do gig workers have from discrimination?

The number of independent contractors, also referred to as gig workers or freelancers, has risen sharply in the past decade. Independent contractors are contracted to perform work or services for another entity. Employers often consider hiring independent contractors advantageous because these workers come with tax benefits and typically are not required to receive health insurance and other benefits. As more of the workforce becomes gig workers, it is important that freelancers understand their


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Wednesday, June 13, 2018

Avoid Drafting an Overbroad Non-Compete Agreement

What action might a court take if my non-compete agreement is ruled overbroad?

Non-compete agreements can prove essential in protecting a business’ trade secrets. While non-compete agreements are an integral part of many...


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Thursday, June 7, 2018

Chipotle Forced to Pay Wrongfully Terminated Employee $8 Million

What damages could I receive if my employer has wrongfully terminated me?

A Fresno, California jury recently awarded a former Chipotle manager with $8 million for her wrongful termination. Jeannette Ortiz was a manager of the Shaw and Cedar Chipotle location in 2015.


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