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FAQ’s: Deposition Do’s and Dont’s

How to Prepare for & Give A Great Deposition  Understand the deposition process Understand the lawyer’s objectives Always tell the truth The best answers, if truthful are: “Yes” “No” “I don’t know” “I don’t remember” Listen to the question, pause, & think before you answer Do not answer a question unless you clearly understand the […]

FAQ’s Depositions – My Approach

Depositions are one of the most critical aspect of any complex litigation. It’s an opportunity to get answers, even if the answers are not always in line with your assumptions. I look to depositions as a form of negotiations: constantly digging deeper to understand the witness his/her motivations, grievances, perceptions, and facts. I’m always advocating […]

Asset Purchase or Stock Purchase?

INTRODUCTION Buying a business for many is an opportunity for a fresh start without having to “start from scratch”. There is an appeal in purchasing an existing business because most purchasers believe they can do a better job, or have a newer, fresher vision that will lead to tremendous financial success without the initial two […]

FAQs: Our Trademark Process

Our Fees for Virtual Counsel Members Filing a US trademark application for a name or slogan is a $900 fixed fee broken down as follows: $275 for 1 class of goods/services (included for Virtual Counsel members) $400 for the clearance search/conflicts search $500 for the application. Additional classes (e.g. food in addition to clothing) are $225 […]

FAQs: The Preliminary Conference

Litigation in New York courts is governed by rules set forth in the New York Civil Practice Law & Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. The Preliminary Conference (“PC”) is the first conference in the case (hence “preliminary”) and the first time the case has deadlines that are imposed by the Court […]

Removing a Director or Officer From a Corporation

In a recent dispute where I was representing the children in a family owned business against their father who was looting the business, misappropriating assets, and hiding business bank accounts, we turned to New York’s Business Corporation Law Section 706 as part of a strategy to aggressively take back control of the business. Business Corporation […]

Duty Not to Oppress Minority Shareholders

One of the most common breach of fiduciary duty claims by minority stakeholders in a  company is the “oppressed stakeholder” claim. Essentially, one argues that their reasonable rights and expectations have been substantially and utterly defeated by the other stakeholders and as such, they are entitled to some relief from the Court. The claim arises […]