Blog

Types of Claims in a Debt Collection Lawsuit

I. Breach of Contract Claims To prove a breach of contract claim you have to have a valid and enforceable contract, generally speaking. For a more involved conversation on a breach of contract click here. Your contract should have a sufficient discussion on : (1) scope of work and (2) price/compensation The parties should have […]

FAQ’s: Everything You Need to Know About Motions.

What is a Motion? Motions. A motion is an application/request to the Court to do something. For example, a motion to dismiss is asking the Court to dismiss certain causes of action because they have no legal or factual merit. For example, a motion for summary judgment is asking the Court to render a judgment […]

Why Businesses Fail: Failure to Invest in Human Resources

Introduction Many businesses fail for many different reasons but mostly because they fail to properly consider the crucial challenges at the very outset. The following is part I of VII of my assessment of critical business failures. Startups fail to spend money on viable human resources. It is an unfortunate truth that many business owners […]

Loans or Investors?

Determine the Funding and Capitalization of Your Business Your business plan should adequately address the funding requirements of your Company in order to get the Company off the ground and running. Funding can come from various sources but basically broken down as follows: (a) loans (b) investors Here, we discuss generally some of the pros and cons of each […]

Business-Divorce: The Oppressed Shareholder Claim

One of the most common claims amongst minority shareholders in a corporation is the “oppressed shareholder/member” claim. Essentially, one argues that their rights and expectations have been utterly defeated by the other shareholders and as such, they are entitled to some relief from the Court. Below, we take a look at the legal theories, cases […]

FAQ’s: Forming a PLLC in New York

The following outlines the various processes and costs for creating a PLLC in New York: File Articles of Organization with the NY Department of State. Filing fee $235 Obtain required consent from the New York Department of Education. Filing Fee $110. NOTE: The name must include the profession, name and or/location. Anything outside those rules […]

The Test for Whether Your Independent Contractor is Truly an Independent Contractor

The IRS test often is termed the “right-to-control test” because each factor is designed to evaluate who controls how work is performed. Under IRS rules and common-law doctrine, independent contractors control the manner and means by which contracted services, products, or results are achieved. The more control a company exercises over how, when, where, and […]

FAQ’s: Forming a Corporation

  The Process To form a Corporation one files a Certificate of Incorporation with the Department of State. The filing fee for filing the Articles or Organization is $125 plus a $25 expediting fee. The firm’s legal fee to prepare and file the Articles of Organization is $150. This fee includes obtaining your new company’s […]