Recently by Neal H. Klausner
The Protocol For Broker Migration: Have Signatory Firms Effectively Conceded That Certain Client Information Is Not Confidential?
In these times of economic uncertainty for the financial services industry, brokers and other financial advisors with client relationships are especially valuable.Even as the industry goes through a restructuring and contraction, offers are being extended to talent with pre-existing client...
Read MoreCommunicating With Employees Or Former Employees Of A Represented Party
Can an attorney for a corporation's adversary in litigation contact and interview a former employee who was actively involved in the litigation strategy when he or she was employed by the corporation? The New York Court of Appeals recently held that such ex parte contacts are permitted, so long as...
Read MoreEnsuring Fair Competition When A Former Employee Has No Restrictive Covenants: Common Law Protections for Employers
Here is the situation: A high-level executive has worked for your company for ten years. She recently developed marketing and strategic plans for the company's new products. She has had access to documents concerning the company's strategic plans to compete, financial goals, pricing strategy and...
Read MoreHow Courts Interpret Ambiguous Contracts
A court's objective in a case involving the interpretation of a contract is to ascertain what the parties intended. When a contract's provisions are clear, a court will enforce the contract as written, without any reference to evidence outside the contract, such as testimony about what the parties...
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