When you negotiate a deal or enter into a business transaction, you trust the other party is providing you with truthful and accurate information. When a party is not candid about what they can perform or deliver, disputes can arise based on misrepresentation. It’s...
In accordance with CPLR 4101, the right to a trial by jury is limited to certain claims, with the most common being “legal” claims seeking money damages. On the other hand, for “equitable” claims (where non-monetary relief is fashioned based on principals of fairness...
Being accused of breaching a contract can have serious consequences for your business and its bottom line. While these types of disputes can be complex and stressful, it's important to be aware that allegations of a breach can be contested. Significantly, a wide range...
I’ve Been Sued in Federal Court: What Do I Do? First: take a breath. Although we recognize that being sued in federal court is not ideal, you are in the right spot to properly address the complaint. The attorneys at Barnes & Barnes, P.C. have plenty of...
Corporations and LLCs generally protect owners from incurring personal liability for the company’s lawsuits or debts — this protection is referred to as the “corporate veil.” However, in certain situations, a court may disregard this separation and “pierce the...
Although minority shareholders own less than a controlling interest in a corporation, New York has established various safeguards to protect them from abuse by the majority. For instance, minority shareholders have the right to review financial documents, receive fair...
Well-drafted construction contracts are crucial to ensure that all parties involved understand their obligations. They establish the timeline for the project and clearly define the scope of work. While a strong contract can mitigate risk and minimize the potential for...
There are typically volumes of documents and extensive evidence involved in commercial litigation. The discovery process is meant to ensure transparency in the exchange of information and prevent trial by ambush. However, this phase of litigation isn’t only a...
While competition is expected and encouraged in the commercial arena, there is a strict boundary between fair competition and unlawful interference with a business relationship. Critically, if a third-party intentionally disrupts a business relationship of yours and...
