New York Business Litigation Legal Questions

New York law takes a very dim view of contracts that preclude employees from engaging in their traditional livelihoods. Generally speaking, non-competition agreements are enforceable in New York only to the extent necessary to protect the employer's confidential information (e.g., customer lists, formulae, etc.) and otherwise very limited. However, without knowing the nature of your friend's agreement, it cannot be said that she may ignore it with impunity. She should have the agreement reviewed by an attorney.... Read More

Anti-fraud and anti-money-laundering procedures of major banks have become a huge headache for many honest people. Unfortunately, the banks' rights with respect to such tools as Quick Pay are governed by a one-sided agreement drafted by the bank to which you agreed before first using the service. You need to read that agreement because it completely controls your rights under these circumstances. The bottom line is that the bank cannot keep the money -- it must either give it to you or return it to the remitter. It could take you months or years to establish which is the right result if you go to court. You should consider asking the remitter to cancel the remittance and re-send by check, PayPal or other means.... Read More

This is an interesting question and, because of the highly theoretical way in which it is framed, difficult to answer. As a general matter, which rights are personal to the holder of an "entitlement," a stranger to the relationship between the "entitlor" and "entitlee" has no right to exercise the latter's rights, and the "entitlor" could probably refuse to recognize the exercise of those rights. Of course, a possible workaround is for you to hold yourself out as "John's" agent. Under the law of agency, if John later ratifies your acts, then the other party may be bound, but you could be in trouble if John is unavailable or refuses to ratify. If I understand the second branch of your question correctly, you suggest that, since you and John have a common claim, you might have heightened standing to exercise John's rights on his behalf. I can think of no legal reason why this theory might be supported. As with all other matters in this forum, this is not legal advice, and you should consult an attorney regarding your rights and duties.... Read More

Anyone can sue anyone for anything, unfortunately. Whether she can recover is another question altogether. It is difficult to understand what the relationship is between your customer's claims and any misconduct that you have been alleged to have engaged in. In order to prevail in court, she will need to prove that she was injured by you (not, for example, getting soap in her eye while washing her own face) and that she has suffered harm as a result. It will be difficult for her to prove either one. If you are sued, which seems unlikely, immediately call your insurance carrier. This is why you have liability insurance.... Read More