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

Enforceability of Employment Non-Compete Agreements

A Non-Compete Agreement is a contract an employer asks an employee to sign stating that they will not leave to work for a competing employer or start a company of their own in the same field. Despite being a frequent and controversial subject in antitrust discourse over the last decade, Non-Competes are still commonplace. A 2019 report by the Economic Policy Institute found that roughly half of all private sector Read More

How To Handle Disputes Between Members of an LLC

In New York, Limited Liability Companies are one of the most popular forms of business structure. Commonly abbreviated as an LLC, the structure consists of members with a stake in the business. The members are similar in nature to shareholders of a corporation or a partnership, but tend to be more involved in day-to-day operations. Just as surely as businesses are formed, there are disputes between Read More

Will a Court Enforce a Cannabis-Related Business Contract?

In the United States, federal law states that selling cannabis is illegal. Since 2012, however, almost half of the country has legalized it at a state-wide level, including (very recently) New York state. With that legality comes a quasi-legitimate new business industry and everything that accompanies it, such as contracts, investors, and stocks. At the same time, the federal/state divide over cannabis sales makes Read More

Highlighting the Business Owner’s Guide to Lawsuits in New York

This Blog is to highlight one of the resources that Canales PLLC offers not just to their clients, but to all interested parties: The Business Owner’s Guide to Lawsuits in New York. This resource is available free of charge in the interest of explaining to business owners how the lawsuit process works in New York. We know that a lawsuit can be a nightmare for a business owner. If you own a small business, Read More

What to Do When the SEC Knocks On Your Door

When the Securities and Exchange Commission, one of the most active enforcing federal agencies, comes knocking at your door - what do you do next? The SEC takes its job of investor protection seriously. You should be prepared to take them seriously as well if they contact you or your business. The SEC may contact you by either giving you a call or serving you with a subpoena. If you receive a call from the SEC Read More

New York Partition Actions: Splitting the House Down the Middle?

Whether it is a romantic, business, or familial relationship, sometimes people choose to co-own real estate. When the relationship sours, it can be difficult to agree on what should happen to the property. If the property was owned by a married couple that splits, its fate is typically determined in the divorce proceedings. For most other situations, the parties may need to run to the courthouse to ask that the Read More

Should You Sign Your Company’s Separation Agreement?

When you hear the words “Separation Agreement,” your first thought may be of a couple splitting up. It is not uncommon for a couple looking to find a more amicable end to opt for a Separation Agreement instead of going to court. It can also apply to a different kind of divorce - a divorce from an employer. An employment Separation Agreement is a contract between an employer and employee that dictates the terms of the Read More

What to Expect from Virtual Court Proceedings

Here at Canales PLLC, we consider ourselves strategists. We like to work with all our clients from the very beginning so that they have a clear understanding of what their legal process will look like, what will be required of them, how long it will take, and how much it will cost. This has been standard procedure for us to help clients reduce cost and know what they’re getting into - and we now find that it is even Read More