by Gary Nissenbaum | Jun 11, 2012 | Business Formation & Sales Law Blog
What constitutes improper solicitation of a customer of a former employer? That was the question before the New York Court of Appeals in a 2011 case. Bessemer Trust Co., N.A. v. Branin, 2011 NY Slip Op 3307 (2011). The plaintiff,...
by Gary Nissenbaum | Nov 10, 2011 | Business Formation & Sales Law Blog
In Allen v. V&A Brothers, Inc, A-30 SEPT.TERM 2010, 2011 WL 2637270 (N.J. July 7, 2011), the Court considered whether an individual could have personal liability for a violation of the the Consumer Fraud Act (“CFA”) by his company. In that case, the Allens hired...
by Gary Nissenbaum | Nov 4, 2011 | Business Formation & Sales Law Blog
A recent case offers guidance to New York employers concerning their ability to restrict former employees from attempting to take away the employer’s customers.In that case, a former employee of USI Insurance Services, LLC (“USI”) signed an employment agreement that...
by Gary Nissenbaum | Oct 24, 2011 | Business Formation & Sales Law Blog
Employers should take notice of the poster that small New Jersey employers are required to display as mandated in the New Jersey Conscientious Employee Protection Act (CEPA).Under the CEPA, employers with ten or more employees must distribute notice of the CEPA law...
by Gary Nissenbaum | Oct 24, 2011 | Business Formation & Sales Law Blog
One of the few ways to undermine the choice of law provision in your contract is to cite the wrong state’s law when you are trying to enforce it. That can be construed as a waiver of the choice of law.A good example of this was a recent decision by the United States...
by Gary Nissenbaum | Oct 19, 2011 | Business Formation & Sales Law Blog
In 1981, a New York insurance company, William J. Hofmann Agency (“Hofmann”), entered into an Agency Agreement (“Agreement”) with an insurance underwriter, Kemper. Both parties hoped the arrangement would prove mutually profitable, but those expectations were dashed...