Author Archives: Richard Friedman

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About Richard Friedman

Richard Friedman PLLC is a premier employment and business litigation and counseling boutique in New York, NY.
EMAIL: rfriedman@richardfriedmanlaw.com
BIO: About Richard
PHONE: 212-600-9539

Seeking to Enforce Vested Restricted Stock Awards and Other Earned Compensation
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Seeking to Enforce Vested Restricted Stock Awards and Other Earned Compensation | Richard Friedman

In New York, a promise of good faith and fair dealing is implicit in every contract. 511 W. 232ndCORP v. Jennifer Realty Co., 98 N.Y.2d 144, 153 (2002); Smith v. General Acc. Inc. Co., 91 N.Y.2d 648, 652-653 (1998); Dalton v. Educational Testing Serv., 87 N.Y.2d 384, 389 (1995) A contract is breached when a party acts in a manner that deprives the other party of the right to receive the benefits to which it is entitled under the agreement even if such action is not expressly forbidden by any contractual provision. The implied covenant protects the reasonable expectations of each party arising out of the written agreement it entered into. Jennifer Realty Co., 98 N.Y.2d 144, 153; accord M/A-COM Sec. Corp. v. Galesi, 904 F.2d 134, 136 (2d Cir. 1990). 

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Data Privacy and Security: An Introduction for In-house and Outside Counsel
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Data Privacy and Security: An Introduction for In-house and Outside Counsel | Richard Friedman

As is widely recognized, the attorney-client privilege is one of the most important fundamental principles in the legal profession. Every attorney has an obligation to protect his or her clients’ information and to keep attorney-client communications confidential. Of course, this principle applies to in-house counsel as well as outside counsel. Accordingly, it is crucial for both corporate legal departments and law firms to adopt and implement safeguards in order to protect client information. Although all lawyers presumably know that they have a duty to protect privileged client communications and information, many do not know how to do so.

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Social Media Policies and the NLRB
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Social Media Policies and the NLRB | Richard Friedman

The National Labor Relations Board (“NLRB”) has continued to shape social media policies and practices at work for both employers and employees through recent decisions. This article will briefly discuss several such decisions which shed light on National Labor Relations Act (“NLRA”)-protected union activities, the standards for employees’ disloyalty, and the standards for appropriate social media policies implemented by employers. In Pier Sixty, LLC, Nos. 02-CA-068612 and 02-CA-070797, an employee of a catering company posted “obscene vulgarities” on his Facebook page regarding a manager’s mistreatment of certain employees two days before a union representation election and was fired soon thereafter.

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Issues Arising in Negotiating Severance Agreements
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Issues Arising in Negotiating Severance Agreements | Richard Friedman

At the risk of stating the very obvious, a severance agreement should contain releases which protect the former employer from potential lawsuits brought by the former employee and his or her heirs. Severance compensation can serve as an important transition financial resource for a former employee. Thus, it is often in both parties’ interests to reach an agreement. This article will briefly identify some of the provisions that should be considered for possible inclusion in a severance agreement.

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3rd Annual Employment Law Institute (LIVE PROGRAM)
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Authored by , re: Employment, LAW RELATED ARTICLES, on .

Of possible interest to in-house and outside counsel who confront employment-related issues, NYCBA's 3rd Annual Employment Law Institute will be held ​on March 10, 2017​ (8:15 a.m. - 5:40 p.m.) with a networking luncheon at 12:35 p.m. The panel discussions will provide a comprehensive overview of the recent trends, developments, and emerging issues in employment law. ​I will moderate "The Virtual Workspace" in the morning and "Social Media & Employment Law” in the afternoon. Last year there were approximately 180 attendees and more are expected this year. To view the program agenda and complete list of speakers and to register, please click below.

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Confidentiality Obligations of In-House and Outside Counsel in the Virtual Workplace
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Confidentiality Obligations of In-House and Outside Counsel in the Virtual Workplace | Richard Friedman

As is widely known, many technological advancements have been integrated into the legal industry in recent decades. Maintaining an electronic record of all information is standard operating procedure at large and small companies and law firms. Another major development, in the last half dozen or so years, in particular, has been the dramatic increase in the number of employees who telecommute one or more days a week and in many instances full time. Indeed, there are now virtual companies and law firms which maintain limited, if any, office space.

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Defend Trade Secrets Act of 2016
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Defend Trade Secrets Act of 2016 | Richard Friedman

In the Digital Information Age, where electronic data containing confidential information is so easily transferable, employers face a dilemma. On the one hand, they generally want to allow employees as much access to information as possible to promote efficient and uninterrupted workflow. On the other hand, there is always the risk that employees with access to highly sensitive information may misplace hard copies and/or flash drives containing such information or purposefully take key information to use on behalf of a competing future employer, for a business they have started or intend to start, or to damage the company because of a personal vendetta.

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Employer Social Media Practices/Policies and the NLRA
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Authored by , re: Employment, LAW RELATED ARTICLES, on .
Employer Social Media Practices/Policies and the NLRA | Richard Friedman

In recent years, as the use of social media has exploded, the National Labor Relations Board (“NLRB”) has received allegations of improper discipline of employees for social media postings as well as complaints condemning employer social networking policies. We briefly discuss a few of those decisions below. In what came to be known as “the first Facebook case,” American Medical Response of Connecticut, Inc., No. 34-CA-12576, an employee criticized her supervisor in a Facebook post for denying her Union representation, which triggered responses from co-workers voicing their support. The employee was suspended the following day and later discharged.

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Non-Compete Agreements Under New York Law
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Non-Compete Agreements Under New York Law | Richard Friedman

Many employers try to limit former employees’ actions at the conclusion of the employment relationship through restrictive covenants. A restrictive covenant is a contractual agreement restricting the post-employment activities of a former employee for a fixed period after the termination of an employment relationship in order to protect the employer’s legitimate business interests. A. Protectable Interests

Non-compete agreements offer the widest range of protection for employers by limiting a prior employee’s ability to work for a competitor after the employment relationship ends.

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