Arthur R. Lehman, L.L.C.

March 2017 Archives

What is the Lanham Act in trademark law?

Businesses spend a great deal of money to develop and protect their intellectual property. Consequently, they view any attempt by a competitor to reduce the value of that property with justifiable alarm. One of the most potent legal weapons for protecting a firm's trademarks, patents, trade dress, and copyrights is the little known but very effective Lanham Act.

Short seller sued for defamation

Short selling is a common technique used by investors to reap a profit when they anticipate that the price of a given stock is going to drop. The short seller enters into contracts to sell large number of shares in the targeted corporation. And, when the price of the shares drop, the short seller fulfills its obligation to sell with shares that have been purchased at a price far below the sale price. This thus provides the short seller with a windfall profit. Richard Pearson, a well-known short-seller in New York City, was recently sued for libel by the target of a short sale that Pearson was pushing.

How does New York define a "trade secret"?

New York City is perhaps the largest financial, entertainment and high tech center in the United States, and businesses engaged in these industries rely heavily of the concept of "trade secret" to protect their intellectual property from expropriation by other firms. Ironically, New York and Massachusetts, are the only two states that have not adopted the Uniform Trade Secrets Act. Instead, New York courts use a common law definition that is the product of many years of trade secret litigation.

Appellate court refuses to enforce non-compete contract

Non-compete agreements are often used by employers in New York and elsewhere to ensure that former employees cannot accept employment from competitors and then solicit the former firm's customers. A recent decision by the Appellate Division of the New York Supreme Court now casts doubt on whether such agreements can be enforced against employees who are terminated without cause. The widespread use of non-compete agreements makes this case a critical issue in employee and employer representation.

The fine line between a sales pitch and an economic tort

The whole business world in New York City, no matter the profession or the industry, revolves around negotiations. After all, negotiations lead to business or other deals, and these deals are how goods and services are exchanged and how the New York economy grows.