Blog

Getting a Preliminary Injunction: CPLR 6301

Often, in the context of a partnership dispute or business divorce, clients ask me if there is a way to stop the opposition from doing something that is hurting the business or hurting the client as a co-owner of the business. Under New York law, one can restrain or enjoin a party from engaging in […]

New York Business Corporation Law: Removing Directors

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 NY Business Corporation Law Section 706 as part of a strategy to aggressively take back control of the business. Business Corporation Law […]

The Business Break-up Part II: The Messy Divorce

There are many ways a “partnership” can go awry. In the article Now You’re Buying Out Your Business Partner, I discuss a scenario where a business-separation is amicable. But the fact remains most splits, especially in the context of closely held businesses or family owned businesses, are rarely amicable. Preventing a business-separation is probably hard to do […]

The Business Divorce Part I: The “Friendly” Split

Perhaps you’ve been buddies since high school or college; or maybe mutual interests or kinship brought you together. Over the years you entered into a joint venture (whether as a partnership, an LLC or a corporation). But now, for whatever reason you and your business partner have decided to part ways. Assuming you’ve agreed that […]

Construction Claims – Some Powerful Tools

The purpose of this guide is to briefly address some of the legal issues and tools pertaining to a breach of a construction contract. This is not an all-inclusive list but a very good start for any construction company looking to collect or enforce a debt, foreclose on a lien, or assert any other contractual […]

6 Biggest Mistakes Entrepreneurs Make

The motivation for starting a small business can vary greatly. For some it is about escaping corporate life, for others it is about maximizing income, and yet for others it’s about a more creative expression. Whatever the reasons for starting a business there are certain truths I’ve come to understand that effect all startups across […]

Need to Vacate a Default Judgment?

Many of my clients come to me after they have failed to answer the Summons and Complaint in time. They’re trying to vacate (undo) the default judgment and they’re often frantic about the consequences should they fail. I’d like to tell you that it’s a no-brainer process. It isn’t. It is usually extremely facts and […]

Tips on Setting Goals for Your Business

Setting business goals is an integral and crucial aspect of financial success for any business. It’s a critical part of business planning. It is important that you set both short term and long term goals. Here we set forth a basic guide for goal setting. First, set realistic goals. Goals should be or represent solutions […]

Is Your Proprietary Information safe?

One could argue that a company’s intellectual/proprietary property walks out the door every day when its employees leave the building. The information that is entrusted to a company’s employees is its lifeblood. All too often, however, start-up companies and small businesses often do not do enough to protect their intellectual property and customer goodwill after […]

The Basics of a Business Break-up

Splitting up from your business partner is discussed in a few other posts on this website. First, we discuss the friendly break up, then we address some of the aspects of the not-so-friendly divorce. The following is another look at your options for either splitting with your business partner or leaving the business altogether. These […]