Category: Business Litigation

How to resolve a contract dispute without going to court

When dealing with a contract dispute, the prospects of a court process to resolve the matter can be daunting and stressful. However, it’s not the only option. Exploring your alternatives for resolving the contract dispute can help save considerable time and money while preserving valuable business relationships. Below are some effective strategies that can help

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Different ways that a business partnership may be dissolved

A business partnership can be very fruitful for a company. Partners can share responsibilities in terms of managing team members and making financial investments. Nonetheless, there are few business partnerships that go on forever. In fact, many are only set up to give the company a short-term boost. When dissolving a partnership, it’s important that

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Is it time to dissolve your business partnership?

While business partnerships can produce excellent outcomes, they can also carry hidden challenges that many don’t foresee initially. Over time, business realities can strain even the strongest partnerships as differences emerge, priorities shift, and disagreements surface. Eventually, owners must consider whether the partnership still makes sense or if it is time for a change. Signs

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What is an LLC operating agreement and do I need one in New York?

Starting a new business in New York can be a busy time in anyone’s life. Before opening a business, you typically need ideas, capital and a space to work. Another critical step in this state is creating an operating agreement for your limited liability company. An operating agreement officially establishes your business and clarifies this

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When to use an MOU and how it differs from an MOA

In New York, when parties to a potential business transaction enter into preliminary discussions about a merger or other project, they usually document their objectives and the characteristics of the proposed deal in a memorandum of understanding. Knowing when and why to use this tool and its pros and cons can help you effectively protect

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The elements of a tortious interference claim

If you think your New York business has been wronged due to the malicious actions of another party, you may be able to pursue a tortious interference claim. However, in order to prevail, you must prove four elements: Existence of a valid business relationship or expectancy You need to demonstrate that the relationship between you

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What is a derivative action lawsuit?

Corporation shareholders in New York may file a derivative action lawsuit in the event of a breach of fiduciary duty or other wrongdoing within a corporation. The derivative action lawsuit is filed against a director or officer of a corporation, but the lawsuit is on behalf of the corporation. The shareholders file the lawsuit because

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The facts about a limited partnership

There are a few different ways in which two or more individuals can form a legal business partnership in New York. A limited partnership is one of these options. Limited partnership Before two or more individuals decide to start a business together and create a partnership, they need to consider the roles and liabilities each

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What happens with mediation in a lawsuit

Mediation is an informal version of a court hearing. This form of litigation helps parties settle matters for less time and money. Business litigation is a complex matter best handled by licensed legal professionals with specific expertise. Disputes arise from misunderstandings between businesses. Mediation is a business litigation method to resolve disagreements while protecting the

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