First Steps in Starting a Business

There isn’t much about running a business that is exactly simple, but there is also no problem that can’t be overcome with some careful planning, entrepreneurial know-how, and some legal assistance. More often than not, people get stuck right at the beginning. They have the idea of what they want

My Customers Won’t Pay Their Debts – Should I Sue?

As a business or personal lender, you have a right to be paid in full and in a timely manner for the loans or services you provide. As such, it can be both frustrating and financially damaging when customers fail to meet their end of the bargain and withhold payment.

Should I Hire a Lawyer for International Business Transactions?

When you need to conduct a business transaction, as a business owner or company executive, you probably already know that there will be plenty of paperwork, hours in conference rooms, negotiations and gives, and much, much more. After all, running and improving a business is not something to be taken

Why You Need a Lawyer when Drafting a Business Contract

If you are a business owner, you are acutely aware that one of the pillars of a successful company is a well-drafted contract. While businesses are not required to secure the services of a lawyer, retaining an attorney familiar with contract language can be a smart business decision. Contracts can

Can I Get Out of a Contract Due to “Mutual Mistake”?

One of the most important concepts in business law is mutual assent or the “meeting of the minds.” At its most basic, mutual assent refers to the common understanding among all parties to a contract. For instance, if Bill offers Jane $1 for an apple, but Jane thought that Bill had offered

When is a Party Liable for a Business Partner’s Debts?

A partnership refers to any association of two or more persons for the purpose of carrying on some business. A written agreement is not necessary to form a partnership under New York law. A court may determine that a partnership exists based on the conduct of the parties involved. Upstate

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

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

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

When Does Federal Law Preempt State Law in a Breach of Contract Case?

Although most breach of contract and civil litigation cases fall under state law, there are times when federal law overrides or “preempts” such claims. This means that even if you can prove your case under New York state law, it will not matter, as a federal statute with different provisions