Blog Posts in March, 2016

How Business Structure Can Affect Your Legal Rights as an Investor

We have all made bad business or investment decisions at one time in our lives. In some cases a bad decision may be induced by the fraudulent or illegal conduct of another. But it is not enough to simply accuse another party of such fraud. Depending on the type of business arrangement you entered into, New York law may not afford you a remedy for your losses. Limited Partners Do Not Have ...

The Problem With Oral Contracts Between Family Members

When it comes to family, you may think written contracts are unnecessary. But any time you are dealing with a corporate or business transaction , you should not treat a parent or sibling differently than any other partner. A written agreement is essential to ensure both parties acknowledge their rights and responsibilities to one another. Brother's Lawsuit Against Sister Over Mother's Business ...

Does the Legal Form of Your Business Matter?

In many business disputes, such as a breach of contract lawsuit , the legal form that a business entity takes may be relevant to the disposition of the case. For instance, a corporation is an entity that can be sued in its own name. That is to say, when you sue a corporation, you are not suing all of the individual shareholders personally. Conversely, when you sue an unincorporated entity, such as ...

Dealing With the Dissolution of a Business Partnership

Divorces are often bitter affairs that can drag out for years in court. The same is true for many business divorces. When a partnership or joint venture ends there can be civil litigation that takes years to resolve. Company Sales Price Not the Same Thing as “Enterprise Value” For example, a Manhattan appeals court recently weighed in on a nasty split between two former partners over the sale of ...