By Jeffrey M. Haber A breach of contract comes in two primary varieties: a material breach and a minor breach. The former is substantial, goes to the very heart of the agreement and prevents the contract from being performed. When a material breach occurs, the non-breaching party can cease performing under the agreement and sue to collect the damages caused by the breach. The latter, also known as a partial breach, occurs when a party fails to complete a less important part o

By Jeffrey M. Haber Let’s say you, the reader, are an entrepreneur who wants to open a business. Although you are willing to run the risks associated with a startup, you do not want to incur any personal liability for the acts done by the business. After speaking with your family, friends and neighbors, you decide to incorporate the business. The consensus view is that a corporate entity, such as a corporation or limited liability corporation (“LLC”), will enable you to opera

By Jeffrey M. Haber On October 25, 2016, the Appellate Division, First Department issued a unanimous decision addressing the protection of confidential information. In BitSight Technologies, Inc. v. SecurityScorecard, Inc., 2016 NY Slip Op. 06980, the Court reversed the decision of the motion court, holding that “[W]hen a party sells information to [subscribers] with the requirement that the latter keep the information confidential, the information is still protected.” The F