Pleading Fraud with Specificity

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According to New York Civil Practice Law and Rules section 3016(b), in a fraud cause of action in a complaint, "the circumstances constituting the wrong shall be stated in detail".  Contrast this with the standard for a libel or slander pleading…

Frozen Bank Accounts and Restraining Notices

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An unpleasant but common experience: an old judgment against you comes back to haunt you. Possibly you didn't even know it existed: the complaint may have been served in the wrong place and you never got a copy, or the opposing party may even…

LLC v. S-corp

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The first question for every small business owner who decided to form an entity?  LLC or S corp?  Which one is better for me? Let's face it, most people would chose the entity that leaves more money in their pocket.  So let's compare the…

Dumb Legal Mistakes to Avoid: Business Agreements

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I've seen my share of dumb legal mistakes made by any type of business owner.  New and experienced business owners alike, remind yourself every once in a while of these common dumb legal mistakes when dealing with business agreements. Not…

To Sue or Not to Sue – Evaluating Small Business Litigation

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The small business owner considering litigation, or being sued, should at the outset take what I refer to as a “metaphysical” overview of the problem. The two constants of litigation are that it is time-consuming, expensive and the outcome…

Let us do your New York LLC Formation!

Let us help you with  your New York LLC Formation!  Call us to discuss your startup business and any other questions you may have about the process of forming a New York Limited Liability Company.  We are not a paralegal or other document…

What Rules apply to an LLC without an Operating Agreement?

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Many if not most small business limited liability companies with two or more members do not have an operating agreement.  An operating agreement is the document for an LLC that provides for rules and provisions regarding the management of the…

Show me the Money – Access to LLC Books, Records and Accounting

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Picture this: You've been happily doing business with your fellow LLC members for some time now.  But now trouble is brewing on the horizon.  The other two members are ganging up on you and exclude you from any further business dealings.  When…

Selling a Business – Getting your Business ready for Sale

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You've got homework to do before you can successfully sell your small business.  Even if you already have an interested buyer, attention to the details at this stage of the game will help you in the long run and protect you from unexpected…

Small Business Contracts and Arbitration – Not always a Perfect Match

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Many small business contracts provide that any dispute arising from the contract must be arbitrated rather than litigated in a state or federal court.  Unfortunately, these provisions are often included without a second thought to their practical…