By Jeffrey M. Haber Consider the following story. John Smith has worked for Jane Doe for 15 years. Doe runs a small, but profitable, media consulting business. Smith has been one of Doe’s most productive account executives, generating significant business over the 15 years of his employment. Though compensated well, Smith decides that he wants to open his own media consulting firm. Smith secretly advises Doe’s clients that he intends to strike out on his own and requests that

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

By Jeffrey M. Haber What anticompetitive business actions are considered unfair? Amidst the recent commotion surrounding the wildly elevated prices of certain products sold by Mylan Pharmaceuticals ("Mylan"), New York State Attorney General Eric Schneiderman is investigating whether the drug company has unfairly limited competition. Although Mylan has been accused of profiteering before, this time the product involved is EpiPen®, the emergency injector used for extreme emerge