Arthur R. Lehman, L.L.C.

July 2017 Archives

Federal Court in New York allows Instagram case to move forward

It seems like people in New York these days have a myriad of ways in which to capture their artwork. Gone are the days when paintings were made on blank canvases and photographs were taken with film and later developed. Digital photos these days can be taken with a smartphone and shared on a variety of platforms. However, this could lead to legal issues, as one recent case shows.

Negotiation and litigation in contract disputes

Whether it's a simple sale of goods or a complex and critical merger or acquisition, the business of most Manhattan companies is ruled by contracts. In the vast majority of cases, business people either adhere to the contracts they have made or successfully renegotiate new arrangements with their suppliers, customers and merger or acquisition partners. Although most business people would prefer to avoid business disputes if possible, they are sometimes unavoidable, and it is important for business people to take action to protect their rights.

Helping employers and employees with intellectual property issues

When drawing up employment contracts, employers in New York naturally want to include provisions protecting their intellectual property. This is why many employment contracts limit the rights of employees to accept certain positions with certain other employers soon after leaving the employment of the contracting employer. Employees, on the other hand, may determine that these non-compete clauses are not enforceable or are not applicable to their specific circumstances.

What rights and powers are granted by employment contracts?

Many employees in Manhattan, and even some employers, may assume that most employment arrangements are governed by employment contracts in addition to employment law. The reality is that most employment relationships can be categorized as employment "at will," meaning that the employee can be terminated for any reason not expressly prohibited by employment law or civil rights law. However, some employment relationships are governed by an employment contract, and it is common for these contracts to limit the power of the employer to fire the employee.

Employees push back against mandatory arbitration clauses

Many contracts in the modern business world contain clauses requiring that disputes about the contract must be submitted to binding arbitration. When the parties to the arbitration proceeding are both large, well-funded corporations, the arrangement is usually deemed to be fair to both parties. When, however, the clause appears in an employment contract, the parties may be manifestly unequal, a large corporation versus one or more employees. Recently, lawyers who engage in employee representation have begun to push back against such provisions.