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...
Business Litigation
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...
Benefits of trademarking your business name
All New York businesses depend on advertising strategies to get their name in the public eye, and one of the available advertising tools is a registered trademark. The quickest way to send a message is visually, and a trademark does that instantly while making a...
How do you defend yourself in a business lawsuit?
A business lawsuit in New York can be devastating for a small business. However, your company might survive if you take the right steps and handle the situation well. You may even learn more about protecting your business from liability in the future. How do you...
How does a trademark protect your business?
Many people living in New York make their dreams come true by forming new companies. Before you do this, many steps need to get taken care of. One of these essential steps is to trademark your company. It's understandable to wonder what makes having a trademark so...
What are common causes of action in a business partnership?
Before you start a new company in New York, it's understandable to want extra help by bringing on a new business partner. Hopefully, your new partnership with one or several people goes well. If it doesn't, you might have a cause of action. This occurs when one...
Some common types of shareholder-related business litigation
A common type of New York business litigation involves shareholder disputes. Five types of shareholder disputes form the basis of business litigation with some regularity: A breach of a shareholders agreement A dispute over the direction of company Fiduciary misdeeds...