Can I Be Held Personally Responsible for My Company’s Debts And Liabilities?

We often see business owners getting sued alongside their company for the company’s debts and liabilities. Business owners are often caught off guard by this because when they started their company, they did not think that they could be held personally responsible for the company’s debts and liabilities. That understanding is generally correct. If a business is set up as a limited liability company or a corporation, Read More

Obtaining Summary Judgment in a New York Commercial Lawsuit

In a commercial litigation, parties often seek to obtain a summary judgment, which is a judgment entered by the court without the need for a trial. Summary judgment is granted when the moving party demonstrates that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. In New York, obtaining summary judgment in a commercial case can be a useful tool for resolving Read More

Understanding Arbitration

No matter what type of business you are engaged in, you will find that the majority of transactions go smoothly with all parties benefiting. There are times, however, when some type of dispute arises that cannot be solved without a third-party entering the conversation. When this happens, most people’s minds turn instantly toward filing a lawsuit in the courthouse where a Judge will be assigned to resolve the Read More

Accounting For Property Expenses in a Partition Action

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 how property related expenses that may be incurred by the parties are sometimes apportioned by the Court to determine how much money each side will be entitled to receive from the proceeds of any potential forced sale.   Who Pays to Maintain the Property? In Read More

What to Do After You’ve Been Served with a Lawsuit

As a business owner, you face many different challenges that you must overcome in order to be successful. For many, getting served with a lawsuit is an obstacle that is unexpected and frightening. If you have been served with a lawsuit, you need to know what to do in order to protect your legal rights, keep your costs to an affordable level, and of course, make sure that your business continues to operate Read More

What Constitutes a “Trade Secret”?

Trade secrets are important intellectual property rights that protect the confidentiality of information, ideas, or techniques that a business has developed. Trade secrets can be extremely valuable, and protecting them is important not only for the business owner, but also for their customers, employees, and other stakeholders. It is important to recognize that not all sensitive information constitutes a trade Read More

Signs You Might Be Headed Toward a Business Divorce

There are certain warning signs that a business owner should look for when considering whether it may be time to split from their business partner and dissolve their partnership. If you notice any of the following signs, it may be time to seek the help of legal counsel before things get too far out of control and you end up having to run to the courthouse: Your Business Is Struggling If your business is struggling, Read More

How to Protect Your Business When Responding to a Non-party Subpoena

Individuals or businesses that are not named in a lawsuit (“nonparties”) may be served with a subpoena requesting documents and/or information related to the lawsuit. Although burdensome, nonparties are required to comply with these subpoenas. Fortunately, nonparties are granted certain rights which can protect them from being harassed and unduly burdened by a party to a lawsuit.  In addition, there are ways to try Read More

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