In his Settlement and Compromise column, Thomas E.L. Dewey writes: The Second Department recently issued an interesting decision holding that a writing from a party's former attorney that is followed by performance of the settlement agreement satisfies CPLR 167; 2104's standard for enforceability of a settlement agreement.
Brand protection is a tricky game. Companies often walk a fine line between maintaining a reputation for quality and angering consumers by shutting out competition. Intellectual property lawyers have observed that balancing act in a number of markets, from auto parts to printer ink to (most recently) single serving coffee pods. In these cases and many others, manufacturers have employed a mix of technological and legal tools to limit third parties from providing parts or serv