As we have written about previously, the Commercial Division has held that certain types of preliminary agreements between parties constitute unenforceable “agreements to agree” under New York law. To avoid this fate, a...more
To state a claim for fraudulent misrepresentation in New York, the plaintiff typically must allege that the defendant made a false statement to the plaintiff. But what if the defendant made the disputed statement to a third...more
New York’s consumer protection laws are particularly attractive to the plaintiff’s bar. One reason is the availability of “statutory” damages under New York’s General Business Law (“GBL”). While most states’ consumer...more
In this age of mass manufacturing, each unit in a product line is usually the same as every other. But manufacturing isn’t perfect. Sometimes, for various reasons, some units in a product line will deviate from the...more
New York’s maze-like trial court system includes 11 separate trial courts, the most in the country. As New York practitioners are well aware, a single dispute may require a litigant to file related claims in multiple courts,...more
Last summer, we wrote about two principles of New York law that could provide a path to insurance coverage for businesses hit hard by the economic losses resulting from Governor Cuomo’s COVID-19-related shutdown orders....more
On September 22, the U.S. Department of Labor ("DOL") announced new proposed regulations regarding when workers can be classified as independent contractors under the Fair Labor Standards Act (“FLSA”). The FLSA requires...more
What distinguishes a “cosmetic” from a “drug” under the Federal Food, Drug, and Cosmetic Act (FDCA)? The FDA has struggled to offer clear guidance on the distinction, but the classification as one or the other (or both)...more
Patrons of Ben & Jerry’s ice cream should be familiar with Woody, the bovine mascot touted by the company as “the most interesting cow in the world.” Ben & Jerry’s packaging has long featured cartoon illustrations of Woody...more
As the COVID-19 pandemic and ensuing widespread shutdown of workplaces around the country continues (and for New Yorkers is expected to continue through at least May 15), government agencies have been busy issuing guidance...more
On April 6, 2020, the Small Business Administration (the “SBA”) in consultation with the Department of the Treasury released additional guidance reflecting the implementation of the Paycheck Protection Program (“PPP”) of the...more
The New York State Court of Appeals recently issued a decision in a closely-watched case that helps to clarify the landscape regarding independent contractors and employees in the gig economy.
In In the Matter of the Claim...more
As employees begin requesting leave under the recently-passed New York legislation providing COVID-19-related sick leave (the “New York Act”) and the Families First Coronavirus Response Act (the “FFCRA”), employers should...more
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or the “Act”), a $2 trillion COVID-19 relief and stimulus package that offers extraordinary financial...more
The newly enacted Coronavirus Aid, Relief, and Economic Security Act (commonly known as the “CARES Act”) offers a wide range of benefits and incentives to help businesses weather the economic downturn caused by COVID-19. ...more
Grains of paradise (aframomum melegueta), pictured above, are a peppery, citrusy spice indigenous to West Africa, related to ginger and cardamom. ...more