In my practice, I have tried cases in court as well as in arbitration. I am also an arbitrator and have held numerous hearings as both an individual neutral and as a member of a panel. I have often discussed with other lawyers whether arbitration or litigation is the best method for dispute resolution. My

Recently, the Second Circuit Court of Appeals provided its first detailed treatment of the definition of trade secrets under the Defend Trade Secrets Act of 2016 (‘DTSA’) in Turret Labs USA, Inc. v. CargoSprint, LLC, No. 21-952, 2022 WL 701161 (2d Cir. Mar. 9, 2022).  By way of background, the DTSA is modeled upon the

Lawyers everywhere (and their clients) have adapted to various court processes proceeding remotely during the pandemic. The ability to use technology has kept the court system functioning and the legal system afloat during a trying few years. Moving forward, remote technology will become more commonplace and has already been adapted by courts in various jurisdictions

Mackenzie Dimitri of Einbinder & Dunn recently represented a national retail-based commercial tenant in a case in the Supreme Court of New York, successfully opposing a motion for summary judgment based on the clear language of the force majeure provision in the lease in that case. Ms. Dimitri, for the tenant, successfully argued that the

            As discussed in a previous blog post,  many commercial tenants looked to the force majeure clauses in their leases for relief during the COVID-19 pandemic. As a result, there is a great deal of caselaw applying the concept which is instructive for commercial tenants moving forward.           The application of

Helping Restaurants Survive           As we’ve written previously, many of our clients are restaurant operators, some franchise and some independent. We have helped them develop models, structure their businesses, lease their space, resolve or, when necessary, represent them in their disputes.           In the past few months,

     Not every business has its own lawyer. In fact, most businesses are small to mid-sized businesses that are large enough to require advice on sophisticated legal issues but not yet ready to employ a full time in-house lawyer. Ideally, those businesses find a nimble and knowledgeable law firm that satisfies their legal needs

A “force majeure clause” is a provision found in many different types of contracts, especially in commercial leases, which relieves both parties of their respective liabilities and obligations under the contract upon the occurrence of a certain type of event (a “Force Majeure Event”).  A Force Majeure Event is a supervening event that is out

Will your business’s legal structure work? Does your business have a legal structure that will guide ownership through both success and hard times? Closely held businesses are a vital and volatile element of the business landscape. Some new small businesses fail in the first year and many more in the first five years. If you