By Joshua Wurtzel For many businesses, the cost of defending against a lawsuit—even one that has little chance of success—can be harrowing. And defending against a breach of contract claim can be especially expensive—since insurance often doesn’t cover contract claims, contract (unlike fraud) claims don’t require a plaintiff to plead its claim with particularity, and... Read more »
Blogs
Posts Categorized: Client Q & A
Client Q&A: I jointly own property with a partner and I want to get out.
“I jointly own property with a partner and I want to get out. Is this possible?” By Erik S. Groothuis. Partition Actions in New York State From time to time, people who jointly own property get into disputes, or want to monetize their share of the investment. You may think that if their co-owners do... Read more »
Client Q&A: My Company Acquired Another Company And Now I’ve Found Out That The Seller Lied To Us About Its Business And Finances. What Can We Do?
My Company Acquired Another Company And Now I’ve Found Out That The Seller Lied To Us About Its Business And Finances. What Can We Do? By Niall D. O’Murchadha When one business buys another business or its assets, the buyer sometimes (often) finds out later that the seller told it things that were not true.... Read more »
Client Q&A: My company has been sued for replevin, conversion, promissory estoppel, and constructive trust
My company has been sued for replevin, conversion, promissory estoppel, and constructive trust. What do these words even mean?! By Vitali S. Rosenfeld Misappropriation of assets takes many forms and invites all kinds of claims seeking various legal remedies. Very often, many alternative claims are asserted for the same alleged wrong. For instance, it is... Read more »
Client Q&A: I think I have an insurance claim, but I can’t make heads or tails of the policy. Help!
I think I have an insurance claim, but I can’t make heads or tails of the policy. I don’t know what is and is not covered. Help! By Bradley J. Nash A Guide to Reading an Insurance Policy If you suffer a loss or destruction of your property, or if someone threatens to bring a... Read more »
Client Q&A: A Customer That Went Bankrupt Is Suing to Recover Payments It Made to Me; What Can I Do?
A customer that went bankrupt is suing to recover payments it made to me. What can I do? By John M. Lundin When a business goes bankrupt, it very often happens that everyone to which the company paid money in the 90 days before the bankruptcy petition was filed gets sued to recover those payments... Read more »
Client Q&A: A Vendor Keeps Sending Me Invoices I Don’t Owe; Can Just Ignore Them?
A vendor keeps sending me invoices; I’ve been ignoring them because I think they are wrong. Is this OK? By John M. Lundin It seems logical that if you do not owe someone money, you should be able to ignore any bills they send you. Not so. Under certain circumstances, a New York court can... Read more »
Client Q&A: Someone made a posting on a website that is not just untrue, it also is hurting my business. Is there anything I can do?
Someone made a posting on a website that is not just untrue, it also is hurting my business. Is there anything I can do? By John M. Lundin As the internet has grown, so, too, has the problem of people writing things that are false about businesses or other people. Most of us know to... Read more »
Client Q&A: If I win, will they pay my attorney’s fees?
If I win, will they pay my attorney’s fees? By Vitali S. Rosenfeld This question is one of the recurring themes in litigation. Indeed, one of the first questions that arise when you are being sued – or contemplating suing someone – is who will be paying the legal fees. And if you have to... Read more »
Client Q&A: I just got sued. Do I have to hire a lawyer?
I just got sued. Do I have to hire a lawyer? By John M. Lundin Do you really need a lawyer? With a few exceptions discussed below, the question really should be: Is it worth it to hire a lawyer? Navigating the legal system can be time-consuming and confusing. You are almost always better off... Read more »