Litigation

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 […]

Are You An Oppressed Shareholder?

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: The Litigation Process

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 […]

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 […]