The settlement is not done until the agreement is finalized, and all parties have signed on the dotted line. Or is it? With the ubiquity of email exchanges between counsel, the question arises as to whether and at what point an exchange of settlement terms via email rises to the […]
In February 2019, New York State enacted the Child Victim’s Act (the “CVA”), which, inter alia, opened a one-year window reviving civil actions based on certain criminal sexual offenses against minors for which the statute of limitations had already run. The “window” period was thereafter extended for an additional year. The purpose […]
On June 20, 2023, the New York State Assembly passed new, potentially game-changing legislation under the New York Labor Law that would prohibit employers from entering into noncompete agreements with employees. The bill follows the Federal Trade Commission’s announcement in January 2023 of a proposed rule banning noncompete agreements nationwide. […]
In a March 2023 decision arising out of a putative class and collective action under the Fair Labor Standards Act and New York Labor Law, Southern District of New York Judge Philip M. Halpern tackled the “reasonableness” of attorneys’ fees awards in wage and hour settlements. Both statutes contain fee-shifting […]
Under CPLR 7510-11, judicial review of arbitration awards is limited. Because of our judicial system’s partiality toward resolving issues through alternative dispute resolution mechanisms, courts can only vacate an arbitration award where the plaintiff proves with clear and convincing evidence that the award was irrational, against public policy, or that […]