Blog

Employees: Friend or Foe?

Protecting the company’s customers, confidential and proprietary information It should be no surprise that “business governance” is not just about the relationship between the business owners. It also includes the employment relationships including the relationship between the company and its consultants.  Employment relationships are typically documented in the following types of agreements: basic employment agreement, […]

The Litigation Process; FAQ’s

LITIGATION PROCESS EXPLAINED Note: this is for educational purposes only Commencement and Pleadings. Generally, a lawsuit is commenced by filing and serving a Summons and Complaint. The Defendant must serve an Answer within 20 days if served personally or 30 days if served by any other means. Discovery Process. Discovery is the process of investigating […]

Interference with Contractual Relationships

TORTIOUS INTERFERENCE WITH EXISTING BUSINESS RELATIONS Tortious interference with a contract is a claim that comes up often in the unfair competition realm of lawsuits. Since it is on the tip of so many of my clients’ brains, I thought it best to help people understand a little better what an interference with contractual relations […]

You’re Getting Sued Personally Instead of Your Company: Now What?

PIERCING THE CORPORATE VEIL The corporate veil: the legal concept that separates an individual from the business he or she owns providing that business owner with the benefit of limited liability. It’s that mystical legal wall that stands between the business owner and third parties, protecting the business owner from being held personally liable in […]

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 […]