How Separation Agreements Can Benefit Both Employers and Employees

Separation agreements, especially in the case of an unexpected termination, can seem fairly one-sided. Many employees and employers alike, however, are not aware of the benefits that both sides can garner from negotiating their side of the agreement. Just as with any other contract, your separation agreement is negotiable, depending on the willingness of both parties. For Employees Employees should not feel pressured Read More

Partition Proceedings Involving Inherited Property

In a previous blog post we discussed splitting jointly owned real property through a partition proceeding in New York State Court. In this post we talk about what happens when the property that is subject of the partition action was inherited.  A somewhat recent New York State Statute - - RPAPL §993, the Uniform Partition of Heirs Property Act - -  addresses this situation. What is a Partition Action? As a refresher, Read More

What is “Discovery” in a Civil Litigation?

You filed a lawsuit or responded to one where you were named as a defendant. What comes next is perhaps one of the most time-consuming and tedious parts of your case—that is the dreaded discovery process.  In short, discovery is the process by which parties to a lawsuit search for facts and information relevant to their claims and defenses. The process is uniquely American, as most judicial systems outside of the Read More

Am I Entitled to Severance Upon Termination?

Severance can provide a lifeboat for individuals recently terminated from their work, but whether or not an employee is entitled to severance depends on several factors. For those who were terminated and expected severance, but didn’t receive a package, there are a few avenues available to argue for it. To start, there is no requirement under New York law that dictates an employer must provide their employees with Read More

Can an Employee Be Fired For No Reason At All?

In New York state, unless a contract has been signed between an employer and an employee, employment is considered at-will. This means that an employer may fire an employee at will, and an employee may also quit at his or her own will. More simply, an employee can be fired for no reason at all, or for some reasons which may be considered unreasonable but are actually allowed under at-will employment.   An employer Read More

Key Things You Need to Know About Contracts

Almost everyone knows what a contract is, and most people have even signed them at some point. Many people, however, have a misconception about some of the details regarding what they are and how they work. This can put you or your business at risk of legal consequences. While it is best to always have an attorney create or review contracts before they are signed, make sure you at least know the following key points Read More

Civil RICO Actions—Worth the Trouble?

The federal RICO law—Racketeer and Influenced Corrupt Organizations Act—was passed in 1970 for the main purpose of combating the mafia and organized crime. True to Congress’s word, most people associate RICO with high-profile criminal prosecutions.  Another side of the federal RICO Act is the section providing for civil remedies. This allows successful plaintiffs to recover after losing income, business Read More

Nuances and Enforceability of Non-Solicitation Agreements in New York

Non-solicitation agreements are a common type of restrictive covenant included in many employment agreements. These provisions, which may exist within the employment agreement or as a stand-alone contract, prohibit current and former employees from soliciting clients or workers associated with the employer. The principle behind non-solicitation agreements is that employers do not want to have to worry about losing Read More

Who Pays the Attorney Fees in Business Litigation?

One of the top questions on most business owners’ minds, when they are considering or facing litigation, involves attorney fees. When business disputes make it to the courtroom, business entities in New York must be defended by a lawyer. Most court cases end in one side being awarded damages or validated in their actions, but what about the cost of hiring the lawyer? Who covers that? In business disputes, unless Read More

Specific Performance of Residential Real Estate Contract of Sale

The COVID-19 pandemic has driven many families out of the city and into the suburbs. As a result, the residential real estate market in the suburbs is currently very competitive. It is a seller’s market, and a seller may be enticed to back out of a deal if a better one is offered. What happens when one party backs out of a real estate transaction - after the contract has already been signed?  This situation Read More