News & Insights

New York Establishes Digital Replica Safeguards

New York Establishes Digital Replica Safeguards

The rapid growth of new technologies like artificial intelligence has raised significant issues for entertainers and celebrities. Many contracts have recently been expanded to contain provisions related to the creation and use of digital replicas. Typically, these clauses allow a party to digitally reproduce and use an individual’s voice, appearance and demeanor, including developing an … Read more

Beware of Inconsistencies When You Have Multiple Contracts

Complex business transactions often require multiple agreements to address different parts of the transaction. As an example, the package of documents for the sale of a small business could include a contract of sale; agreements containing confidentiality provisions and restrictive covenants; an agreement for post-closing transition services to be provided by the seller; and/or an … Read more

Can a Non-Party to a Contract Sue to Enforce the Contract?

Contract

Generally, someone who isn’t a party to a contract cannot sue to enforce the contract. However, there are exceptions. In a recent decision, the New York Appellate Division Second Department addressed this situation, finding that the plaintiff’s claim for breach of contract and unjust enrichment could move forward, despite the fact the plaintiff never became … Read more

THE BAN ON NON-COMPETES

NON-COMPETES

On August 24, 2023, we published a blog post on a proposed bill before the New York State Assembly that would ban non-competition agreements in New York. Since then, the bill passed the vote before the Assembly, but Governor Hochul vetoed the bill on December 22, 2023. While the status of a New York state … Read more

WHEN DOES A RELEASE BAR A RELEASOR FROM SUING THE RELEASEE

RELEASE

Generally, under New York law, a release signed by one party releasing the other party from liability bars the first party (the releasor) from suing the second party (the releasee). However, how this rule plays out in court can be complicated as demonstrated in a recent decision of the New York Appellate Division, Second Department. … Read more

Will New York Ban Non-Compete Agreements?

Non-Compete Agreement

Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more