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 […]
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 […]
Getting Access to Information and Investigating Your Claim Against Your Business Partner
What happens when you have reason or substantial suspicion that your business partner is doing you or your company dirty, so to speak? The first step in any litigation is gathering facts, documents, and all relevant bits of information. To this end, the law gives you the aggrieved business owner some significant rights. As a […]
My 7 Step Process for Debt Collection
Step 1: The key to all debt collection matters is sufficient and proper documentation. So, first step is making sure you have a complete file. Take a look at this post which sets forth the types of evidence you should have in your file for a breach of contract claim, unjust enrichment claim, or account […]
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 […]
Business-Divorce: The Oppressed Shareholder Claim – Legal Citations
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 […]