Lawrence E. Kahn

This case concerns a dispute between the law firm Bond, Schoeneck & King and the Oneida Indian Nation over the scope of attorney's fees owed under a retainer agreement from prior land claim litigation against New York counties. The court reviewed a magistrate judge's report recommending that the firm receive only $5,174.54 from the $57,494.54 monetary damages recovered, and addressed the firm's objection seeking a larger fee based on the value of a casino and other benefits derived from the legal principle established in the case. It denied a motion to strike the firm's objection for not being filed under seal, finding the filing error accidental and without bad faith. The court concluded that the retainer agreement limited fees to the monetary amount recovered in the judgment and rejected the firm's expansive interpretation that would include non-monetary benefits such as business operations or trust land decisions.

propertyprocedurecivil rights

This case involved The Ayco Company, a financial services firm, seeking a preliminary injunction against two former employees, Wolfgang Frisch and Stefan Oglevee, who resigned in May 2011 to join competitor UBS Financial Services. Ayco alleged that the defendants breached non-compete clauses in their employment agreements, misappropriated confidential client information and trade secrets, and engaged in unfair competition. The court granted the preliminary injunction, enforcing the ninety-day non-compete periods and prohibiting use or disclosure of Ayco's confidential information through August 2011. The decision rested on findings that Ayco was likely to succeed on the merits of its contract and trade secret claims under New York law, that the non-compete clauses were reasonable and enforceable, and that the balance of equities favored injunctive relief to protect Ayco's client relationships and proprietary data.

labor & employmentbusiness & regulatory