News & Insights

Update on the Swipe Fee Litigations

swipe fee

​In the last few years, business owners have brought several lawsuits against banks and credit card companies over their high swipe fees. In May of 2025, we advised our clients that the In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, or “Swipeopoly” case had settled and business owners could make a claim … Read more

Staples Out Of Swipeopoly

credit card swipeopoly settlement

The latest development in a lawsuit against Visa, Mastercard and other major credit card issuers regarding their credit card fees involves Staples. In May of 2024, we reported that the Court of Appeals for the Second Circuit approved a $5.5 billion settlement in the case of In re Payment Card Interchange Fee and Merchant Discount … Read more

Who Decides Foreseeability In a Claim For Negligence?

In any lawsuit alleging negligence, an important element of the claim is to show that the defendant did or should have reasonably foreseen the harm that resulted from their conduct. If the harm wasn’t foreseeable, then the defendant cannot be liable for damages. A question that arose in a recent New York case was who … Read more

All Financial Statements Are Not Created Equal

Financial Statements

Many transactions require parties to provide financial statements for review. This can include businesses seeking loans or investors, cooperative or condominium sponsors, companies who owe performance royalties and other parties. However, all financial statements are not created equal. One primary difference is the level of review and verification of the underlying financial data undertaken by … Read more

THE BAN ON NON-COMPETES

NON-COMPETES

On August 24, 2023, we published a blog post on a proposed bill before the New York State Assembly that would ban non-competition agreements in New York. Since then, the bill passed the vote before the Assembly, but Governor Hochul vetoed the bill on December 22, 2023. While the status of a New York state … Read more

How Does the Swipeopoly Settlement Effect You?

If you have a business that accepts Visa and Mastercard, you may be able to get a refund of some of the fees you paid in the past. The In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, or more colloquially known as “Swipeopoly”, was an action brought by a class of merchant … Read more

Will New York Ban Non-Compete Agreements?

Non-Compete Agreement

Non-competition agreements are fairly common in certain types of jobs and industries. Because they restrict an employee’s future employment prospects, typically, these contracts are limited in that they only apply for a specific length of time and/or a reasonable distance from the previous employer’s business location. However, in recent years, some states are going so … Read more