Arbitration versus Litigation

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 […]

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New York Trade Secrets Update

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 Uniform […]

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How to Avoid Trade Secret Liability when Hiring New Employees

The Great Resignation may be past its peak in 2022, but companies across all sectors are struggling to fill openings without sacrificing their standards.  The latest data shows that job openings have climbed to a record high 11.3 million according to the US Bureau of Labor Statistics.  Given this environment, businesses are more tempted than […]

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Hold Your Horses: Personal Property Rights, Licences, Copyright and NFT’s

By Zach Nickels A recent filing in the U.S. District Court for the Southern District of New York provides yet another example of the importance of understanding the intersection of personal property rights, licences, copyright and non-fungible tokens (“NFTs”) and the distinctions between them. The Claim In TAMARINDART, LLC v. Raisa Husain and Owais Husain as […]

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A Closer Look at the New Rule Permitting Remote Depositions

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 […]

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Get Your Docs In a Row -Michael Einbinder of Einbinder & Dunn LLP Creates Podcast With IR Global

Michael Einbinder, founding Partner of Einbinder & Dunn spoke to IR Digital’s podcast host Jennifer Riggins on our most recent podcast, ‘Getting Your Docs in a Row’. Michael and Jennifer explore the importance of documentation within a business, such as operating agreements, shareholder agreements, partnerships agreements and meeting notes, and what companies can do to […]

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How Force Majeure provisions in commercial real estate leases are changing because of the Covid-19 pandemic

The pandemic has impacted just about every part of our lives. That includes businesses, which had to deal with staffing issues, supply chain delays, inflation, regulations, and countless other obstacles. One or a combination of these factors may have impacted your ability to meet the obligations of a business agreement.  A force majeure clause may […]

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How do you finance a franchise?

The initial investment needed to purchase, build-out, and open a franchised business often requires franchisees to consider financing options. Because there are numerous options to choose from, entrepreneurs must approach the process carefully. It is important to consult with an experienced franchise attorney and accountant before making any final decisions.  Here are a few common […]

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