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Category: Blog: The Westchester Litigator

Westchester Supreme Court Addresses Question of First Impression Under New York’s Child Victim’s Act: Does the CVA’s Revival Statute Apply to Wrongful Death Claims?

Blog: The Westchester Litigator

In February 2019, New York State enacted the Child Victim’s Act (the “CVA”), which, inter alia, opened a one-year window reviving civil actions based on certain criminal sexual offenses against minors for which the statute of limitations had already run.  The “window” period was thereafter extended for an additional year.  The purpose […]

NY State Proposes Amendments to Labor Law Voiding All Noncompete and Restrictive Covenant Agreements

Blog: The Westchester Litigator

On June 20, 2023, the New York State Assembly passed new, potentially game-changing legislation under the New York Labor Law that would prohibit employers from entering into noncompete agreements with employees.  The bill follows the Federal Trade Commission’s announcement in January 2023 of a proposed rule banning noncompete agreements nationwide.  […]

What Makes a Wage and Hour Attorneys’ Fee Award “Reasonable”? A Multi-Factor Analysis from the Southern District of New York, White Plains Division

Blog: The Westchester Litigator

In a March 2023 decision arising out of a putative class and collective action under the Fair Labor Standards Act and New York Labor Law, Southern District of New York Judge Philip M. Halpern tackled the “reasonableness” of attorneys’ fees awards in wage and hour settlements.  Both statutes contain fee-shifting […]

To Vacate or Confirm? How Excessive Attorneys’ Fees Award Brought Down an Entire Arbitration Award

Blog: The Westchester Litigator

Under CPLR 7510-11, judicial review of arbitration awards is limited. Because of our judicial system’s partiality toward resolving issues through alternative dispute resolution mechanisms, courts can only vacate an arbitration award where the plaintiff proves with clear and convincing evidence that the award was irrational, against public policy, or that […]