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How is your Choice-of-Law Provision? New York businesses may want to review the choice-of-law provisions in their non-competition and non-solicitation agreements. In a recent decision, the New York Court of Appeals refused to enforce the choice-of-law provision in an employment agreement purporting to apply Florida law after finding that “applying Florida law on restrictive covenants related […]

Entrepreneurs know first hand that getting start-ups off the ground can be a monumental task, especially start-ups in New York & New Jersey . In fact, 8 out of 10 entrepreneurs who start businesses fail within the first 18 months. As business lawyers, we regularly work with entrepreneurs with start-ups in New York & New […]

What is the Rooney Rule? Just over 10 years ago, the Rooney Rule was implemented in the NFL. Since then it has been criticized, praised, probed for loopholes and used appropriately. It is mentioned frequently in discussions of head coaching vacancies. So what is it, exactly? With “Black Monday” over and a number of NFL […]

Much ado about the Redstone family In what has been deemed by the tabloids as a family soap opera, the U.S. Tax Court ruled in a recent landmark case of the Redstone family that the transfer of stocks does not qualify as a taxable gift because the transfer was made for full and adequate consideration […]

Vantage Drilling Co files Chapter 11 On Dec. 3, Vantage Drilling Co., a global provider of offshore contract drilling services to major independent energy companies, announced that it had filed for Chapter 11 bankruptcy protection. According to a Seeking Alpha report, Vantage Drilling has agreed to a deal with its largest creditors to exchange its […]

Small business financing is one of the greatest hurdles any entrepreneur must face. In 2015, we discussed a number of ways that entrepreneurs can raise the capital needed to get their companies off the ground and help them grow. We also highlighted several new laws, such as the Securities and Exchange Commission’s new equity crowdfunding […]

2016 free agency period just around the corner… While the 2016 free agency period doesn’t begin for another few months, the NFL regular season is over and as teams that missed the playoffs consider their futures, players should also begin thinking about how they would like to continue with their careers. As the playoffs proceed […]

The Third Circuit Court of Appeals recently held that St. Peter’s Healthcare System could not rely the Employee Retirement Income Security Act (ERISA) exemption for church plans. The decision in Kaplan v. St. Peter’s Healthcare System is precedential and affirms the ruling of a New Jersey district court judge. Employees of the hospital filed suit under […]

New Equal Pay Protection Laws for Female Workers in New York Will Take Effect in a Few Days This fall, New York Governor Andrew Cuomo signed a series of bills into law that will dramatically increase the equal pay and gender discrimination protections for female workers in the state. For New York employers, it is important […]

ABA TIPS Journal is the go-to source of knowledge of issues of justice involving tort and insurance law Charles Yuen, a Partner and member of the Scarinci Hollenbeck’s Litigation Practice Group has been named Co-Executive Editor of the American Bar Association’s Tort Trial and Insurance Law Journal (ABA TIPS Journal) for the 2016-17 publishing year.  […]

Understanding actual malice Public figures have always been required to leap tall hurdles when it comes to proving defamation – the law’s way of ensuring First Amendment rights – and those obstacles just grew a bit taller. How can one prove actual malice in a defamation suit? Proving actual malice in a defamation case To […]

Fresh & Easy files for Chapter 11 bankruptcy protection On Oct. 30, Fresh & Easy, the U.S.-based grocery chain launched by UK supermarket giant Tesco PLC in 2007, announced that it had filed for Chapter 11 bankruptcy protection. According to a Reuters report, Fresh & Easy plans on winding down operations for all of its […]