A breach of contract can be detrimental to a business and its bottom line. When one party fails to uphold their end of the bargain, the other may be entitled to sue for relief — whether it be monetary damages, specific performance, or another equitable remedy. In such...
How to Prevent Business Partner Fraud in New York
Business partner fraud is a serious issue that can lead to financial harm, loss of profits, reputational damage to a company, and costly litigation. It can take many forms, including misrepresentation, misappropriation of business assets, and the use of deceptive...
Understanding Breach of Fiduciary Duty in Business Relationships
Trust is one of the most important aspects of any business relationship. Importantly, in business, there are a number of parties who owe fiduciary duty to each other and the company. This is the highest level of loyalty that applies to people placed in a position of...
Top Five Legal Issues in Business Disputes on Long Island
If you’re an entrepreneur or corporate owner, there is a good chance that you will face a business dispute at some point. From misunderstandings to conflicts that can impact a company’s operations and bottom line, a business dispute should be addressed immediately to...
What to Do if You’ve Been Sued for a Commercial Matter in New York
Facing a lawsuit for a commercial matter can be overwhelming and stressful. You might not only be concerned about how legal action could impact your reputation and bottom line — but you may also be wondering what to do next. Whether you’re a corporate owner,...
Direct Versus Derivative Claims
Direct versus derivative claims are often confusing, even for seasoned attorneys, and the wrong claim can get an entire case dismissed. How to decide if the plaintiff in a claim for fiduciary duty or conversion should be the company itself, or an owner/shareholder....
Spoliation Remedies Equate Culpable Conduct and Ignorance
In light of the broad allowances of discovery requests under New York law, litigation can be an extremely frustrating experience for clients who sometimes ask, “Why is that relevant?” “Why does the other side even want that?” “Those emails weren’t important...
Despite More than $1 Billion at Stake, Fears and Speculation Are Insufficient to Warrant Injunctive Relief
Money isn’t everything, even when it’s a lot of money. In the recent case The Research Foundation for the State University of New York, v. Inpria Corporation & JSR Corporation, 2024 WL 1345511 (N.D.N.Y. Mar. 29, 2024), despite hundreds of millions of dollars...
Layups Are Limited to Basketball Courts, Not Supreme Court
When thinking about proving the bigger picture of liability on a motion for summary judgment, an experienced attorney knows that it is vital not to lose track of technical prerequisites to what is, after all, the request for ultimate relief without trial. Even when a...