A business partnership can be very fruitful for a company. Partners can share responsibilities in terms of managing team members and making financial investments. Nonetheless, there are few business partnerships that go on forever. In fact, many are only set up to...
Business Litigation
Is it time to dissolve your business partnership?
While business partnerships can produce excellent outcomes, they can also carry hidden challenges that many don’t foresee initially. Over time, business realities can strain even the strongest partnerships as differences emerge, priorities shift, and disagreements...
What is an LLC operating agreement and do I need one in New York?
Starting a new business in New York can be a busy time in anyone's life. Before opening a business, you typically need ideas, capital and a space to work. Another critical step in this state is creating an operating agreement for your limited liability company. An...
When to use an MOU and how it differs from an MOA
In New York, when parties to a potential business transaction enter into preliminary discussions about a merger or other project, they usually document their objectives and the characteristics of the proposed deal in a memorandum of understanding. Knowing when and why...
The elements of a tortious interference claim
If you think your New York business has been wronged due to the malicious actions of another party, you may be able to pursue a tortious interference claim. However, in order to prevail, you must prove four elements: Existence of a valid business relationship or...
What is a derivative action lawsuit?
Corporation shareholders in New York may file a derivative action lawsuit in the event of a breach of fiduciary duty or other wrongdoing within a corporation. The derivative action lawsuit is filed against a director or officer of a corporation, but the lawsuit is on...
The facts about a limited partnership
There are a few different ways in which two or more individuals can form a legal business partnership in New York. A limited partnership is one of these options. Limited partnership Before two or more individuals decide to start a business together and create a...
What happens with mediation in a lawsuit
Mediation is an informal version of a court hearing. This form of litigation helps parties settle matters for less time and money. Business litigation is a complex matter best handled by licensed legal professionals with specific expertise. Disputes arise from...
Elements of a Fiduciary Breach Claim in New York
When an individual or company acts as a fiduciary, they are held to a high standard of care. This means that they must always act in the best interests of their clients or beneficiaries. If they do not, they may be liable for a fiduciary breach. Here are the elements...
How the Romag decision changed the importance of willfullness
A landmark Supreme Court case from April 2020, Romag Fasteners v. Fossil, has changed the way that "willfulness" plays into cases of intellectual property infringement. Prior to this ruling, a total of six circuit courts held willfulness as a requirement in...