A New York business will often have a great amount invested in its reputation. In the competitive world of New York business, it is not unusual for competitors to try and gain an unfair and illegal advantage by making false and derogatory statements about another business in the same industry. This can be called commercial disparagement or business disparagement. The idea is to prevent others from working with the business or using its products or services. There is a wide array of ways in which this can occur and it is important for a business that is considering a business tort to understand them.
As the employment market begins to heat up, many New Yorkers are taking advantage by entering into employment relationships with different employers. A common requirement from employers is a non-compete agreement. Many employers require new employees to sign a non-compete agreement before being hired. But what is a non-compete agreement? How do courts enforce them?
Like many other innovators, you may have conceived the idea for a brilliant technological widget by working nights and weekends in your garage. Friends enthusiastically contributed their ideas and you began developing plans to form a new company.
Although many New York business disputes arise from allegedly breached contracts, not all do. There are a number of civil wrongs that can also give rise to a business dispute. These civil wrongs are called torts. This blog post will focus on one of these torts: trade disparagement. As always, readers are encouraged to meet with a business law attorney if they have questions about how the law applies to their specific situation.
Manhattan business people expect their business partners, vendors, contractors and customers to be honest about the important aspects of their business transactions. Our business culture is based on trust, and a baseline level of honesty engenders trust and fruitful business relationships. If business people feel they cannot trust the people they do business with, the whole economy suffers. This is why our legal system encourages honesty among business partners.
Last week on our New York business litigation blog, we reviewed the case of a decades-old work of art whose ownership has been challenged in court. The high-profile intellectual property dispute served to illustrate important legal principles for our Manhattan readers. But some may be left wondering: is protection of intellectual property really something that your average artist or creative individual, who may be struggling just to get by, needs to worry about?
When does music creation become copyright infringement? In this case, popular singer songwriter Ed Sheeran was called out for his hit song "Photograph" copying The X Factor winner's song "Amazing." The song "Amazing" was written by Leonard and Martin Harrington. The song was released in 2009 as a single won Matt Cardle the X Factor competition for 2010.