How cited: Apple Mortgage Corp. v. Barenblatt · Go Syfert

Apple Mortgage Corp. v. Barenblatt (2016)

green · 36 citation events across 5 courts. Showing the 26 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2016 → 2026 · click a year to view the case as of then
201620212026
green BCRS1 LLC v. Unger (2021)
Rule Authority · E.D.N.Y · 3 citations in this opinion
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 284 (S.D.N.Y. 2016) (quoting another source).
quoting another source
Rule Authority · S.D.N.Y. · 2 citations in this opinion
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 291 (S.D.N.Y. 2016) (quoting Bravia Cap.
quoting Bravia Cap. Partners, Inc. v. Fike, 09 Civ. 6375 (JFK), 2011 WL 6081345 , at *4 (S.D.N.Y. Dec. 6, 2011) (collecting cases)
Rule Authority · E.D.N.Y · 2 citations in this opinion
Mar. 8, 2018) (collecting cases); Apple Mortgage Corp. v. Barenblatt, 162 F. Supp. 3d 270, 287 (S.D.N.Y. 2016); Amphenol Corp. v. Paul, 993 F. Supp. 2d 100, 110 (D.
Rule Authority · E.D.N.Y · 2 citations in this opinion
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 283 (S.D.N.Y. 2016).
Quote Authority · S.D. Ill. · 2 citations in this opinion
Corp. , 162 F.Supp.3d at 286 ("If an employer has given an employee access to the computer and to the relevant files, the employee's subsequent misuse of the information or misappropriation with the intent to compete with his employer is not sufficient to violate the CFAA.").
"If an employer has given an employee access to the computer and to the relevant files, the employee's subsequent misuse of the information or misappropriation with the intent to compete with his employer is not sufficient to violate the CFAA."
Quote Authority · W.D.N.Y. · signal: see
See Apple Mortgage Corp. v. Barenblatt, 162 F. Supp. 3d 270, 292 (S.D.N.Y. 2016) (“Because the bonuses were discretionary, the bonuses do not fall within the meaning of wages under New York Labor Law § 190(1)”).
“Because the bonuses were discretionary, the bonuses do not fall within the meaning of wages under New York Labor Law § 190(1)”
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 284 (S.D.N.Y. 2016) (citation omitted), and the defendant must have “exclude[d] the owner from exercising her rights over the goods.” Fischkoff v. Iovance Biotherapeutics, Inc., 339 F. Supp. 3d 408, 414 (S.D.N.Y. 2018) (quoting New York v. Seventh Regiment Fund, Inc., 774 N.E.2d 702, 711 (N.Y. 2002)).
citation omitted
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 284 (S.D.N.Y. 2016).
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F.Supp.3d 270, 281 (S.D.N.Y. 2016).1 “The ‘unambiguous provisions’ of a contract ‘must be given their plain and ordinary meaning.’” Roberts v. Weight Watchers Int'l, Inc., 217 F. Supp. 3d 742, 749 (S.D.N.Y. 2016), aff'd, 712 F. App'x 57 (2d Cir. 2017) (quoting White v. Cont'l Cas.
Rule Authority · E.D.N.Y
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 289 (S.D.N.Y. 2016) (finding that employee not entitled to a commission that closed post-termination); Bravia Cap.
finding that employee not entitled to a commission that closed post-termination
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 284 (S.D.N.Y. 2016).
green Rhee v. Sante Ventures (2023)
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 289 (S.D.N.Y. 2016) (“[I]t is a well-settled principle of New York law that an at-will employee will be entitled to post-discharge commissions only if the employment agreement expressly provides for such compensation.” (quoting Bravia Capital Partners, Inc. v. Fike, 2011 WL 6081345 , at *3 (S.D.N.Y.
Rule Authority · S.D.N.Y.
Thus, if Redcell was granted access to the server and information stored on it for software maintenance, “subsequent misuse of the information [for other purposes] . . . is not sufficient to violate the CFAA.” Apple Mortgage Corp. v. Barenblatt, 162 F. Supp. 3d 270, 286 (S.D.N.Y. 2016).
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 291 (S.D.N.Y. 2016) (concluding that employer had absolute discretion where employees (i) became “eligible” for bonuses if they fulfilled certain conditions and (ii) acknowledged in depositions that that their employment contracts did not impose a duty to pay bonuses); Cohen v. Avanade, Inc., 874 F. Supp. 2d 315, 321 (S.D.N.Y. 2012) (concluding that employer had absolute discretion where a compensation plan stated that employer could…
concluding that employer had absolute discretion where employees (i) became “eligible” for bonuses if they fulfilled certain conditions and (ii) acknowledged in depositions that that their employment contracts did not impose a duty to pay bonuses
Quote Authority · N.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 286 (S.D.N.Y. 2016) ("If an employer has given an employee access to the computer and to the relevant files, the employee's subsequent misuse of the information or misappropriation with the intent to compete with his employer is not sufficient to violate the CFAA").
"If an employer has given an employee access to the computer and to the relevant files, the employee's subsequent misuse of the information or misappropriation with the intent to compete with his employer is not sufficient to violate the CFAA"
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 284 (S.D.N.Y. 2016) (quoting Barbagallo v. Marcum LLP, 820 F.Supp.2d 429, 446 (E.D.N.Y.2011)).
quoting Barbagallo v. Marcum LLP, 820 F.Supp.2d 429, 446 (E.D.N.Y.2011)
Quote Authority · N.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 286 (S.D.N.Y. 2016) ("If an employer has given an employee access to the computer and to the relevant files, the employee's subsequent misuse of the information or misappropriation with the intent to compete with his employer is not sufficient to violate the CFAA").
"If an employer has given an employee access to the computer and to the relevant files, the employee's subsequent misuse of the information or misappropriation with the intent to compete with his employer is not sufficient to violate the CFAA"
Rule Authority · E.D.N.Y
Corp. v. Barenblatt, 162 F.Supp.3d 270, 284 (S.D.N.Y. 2016).
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 286 (S.D.N.Y. 2016).
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 291 (S.D.N.Y. 2016) (finding that bonuses were discretionary where employees became “eligible” for bonuses if they fulfilled certain conditions and acknowledged in depositions that that their employment contracts did not impose a duty to pay bonuses); Cohen v. Avanade, Inc., 874 F. Supp. 2d 315, 321 (S.D.N.Y. 2012) (finding a bonus discretionary where a compensation plan stated that employer could “interpret and apply the [compensati…
finding that bonuses were discretionary where employees became “eligible” for bonuses if they fulfilled certain conditions and acknowledged in depositions that that their employment contracts did not impose a duty to pay bonuses
green Leary v. Al-Mubaraki (2019)
Rule Authority · S.D.N.Y.
For example, in Apple Mortgage Corp. v. Barrenblatt, the court denied summary judgment where there remained a question as to whether the parties separately and explicitly agreed to be bound by a particular provision of the employee handbook. 162 F. Supp. 3d 270, 285 (S.D.N.Y. 2016).
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 292 (S.D.N.Y. 2016).
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 289 (S.D.N.Y. 2016) (internal quotation marks omitted).
internal quotation marks omitted
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 286 (S.D.N.Y. 2016) (“If an employer has given an employee 14 B.
“If an employer has given an employee 14 B. State Law Claims Under 28 U.S.C. § 1367 (c)(3
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F. Supp. 3d 270, 283 (S.D.N.Y. 2016) (denying summary judgment on breach of duty of loyalty claim when defendants “copied files [containing confidential information] and sent files and contact information externally from their Apple computers to personal email addresses . . . while still employed at Apple”).
denying summary judgment on breach of duty of loyalty claim when defendants “copied files [containing confidential information] and sent files and contact information externally from their Apple computers to personal email addresses . . . while still employed at Apple”
Rule Authority · S.D.N.Y.
Corp. v. Barenblatt, 162 F.Supp.3d 270, 281 (S.D.N.Y. 2016). 3 The “unambiguous provisions” of a contract “must be given their plain and ordinary meaning.” White v. Cont’l Cas.