A key reason you might form a corporation or limited liability company (LLC) is to protect your personal assets from any business debts. Under New York law a corporation or LLC is treated as a separate “person” from its owners. In general, that means a debt owed by the business

It is not unusual for an employer to rescind an employment offer due to changed circumstances. That is why it is important when drafting a formal employment offer—a type of contract—to be as precise as possible when describing the terms and conditions. If the offer is later rescinded, properly drafted

New York has a “no-fault” liability system. This means that, for most motor vehicle accidents, the injured party must recover benefits from his or her own insurance company. The no-fault system is designed to keep most accident cases out of courts. Only when a party alleges a “serious injury” due

Parents worry when their children receive their learner’s permit and begin driving on the road. But, what exactly is your liability when a student-driver is in an accident in your car? A New York appellate court recently addressed such a situation. Mejia v. Kennedy There are two related lawsuits at

All businesses have information they wish to keep confidential. Such “trade secrets” are often critical to a company’s success. To protect such information, companies often require key employees to sign confidentiality agreements. Therefore if an employee leaves and proceeds to divulge trade secrets to a competitor, the company can bring

Many personal injury lawsuits are resolved at the summary judgment stage. This means there are no genuine factual disputes that require a jury’s resolution. New York courts use summary judgment to quickly dispense with cases where there is only one logical outcome under the law. But summary judgment is not

People often incorrectly assume a personal injury lawsuit is an easy ticket to multi-million dollar damage awards. The reality is not quite so lucrative. Courts do not arbitrarily award damages. Nor are all damages the same. Judges and juries must follow certain guidelines in determining the type and amount of

New York’s “no-fault” insurance law was designed to quickly compensate auto accident victims for their legitimate medical expenses and related costs. As the name implies, “no-fault” benefits do not require a showing that any party to the accident was legally liable. New York law requires no-fault insurance carriers to pay

Many business contracts have a clause requiring arbitration of disputes. Arbitration is an alternative to traditional litigation. One or more arbitrators conduct a private judicial proceeding and issue an award in favor of one of the parties. Arbitration awards are legally binding on the parties and may be enforced in

Under New York law, an employer may be held “vicariously” liable for the acts of his or her employees. That means if you are injured in an automobile accident by someone driving a company-owned car, the employer may be held liable if you can prove the employee was acting within