Blogs

Client Q & A

Answers to common client questions.
Posted: June 2, 2016

Client Q&A: I Bought a Business and the Seller’s Representations Have Turned Out to be False

My company acquired another company. The seller made representations regarding the company’s finances that turned out not to be true. What can we do? By John M. Lundin Something that is litigated with surprising frequency is the situation where the seller of a company makes representations regarding something–typically the financial condition and assets of the company–and, after the sale, those...

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Posted in Client Q & A, Contracts, Corporations, Fraud/Misrepresentation
Posted: May 17, 2016

Client Q&A: The Person Who Cheated Me Just Filed For Bankruptcy. Is This Legal? What Can I Do?

The Person Who Cheated Me Just Filed For Bankruptcy. Is This Legal? What Can I Do? By Niall D. O’Murchadha Nothing adds insult to injury like getting the news that someone who cheated you in a business transaction, or otherwise did you wrong, has filed for bankruptcy in order to get out of paying you your money back. The Automatic...

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Posted in Client Q & A, Bankruptcy
Posted: April 21, 2016

Client Q&A: My Business Just Got A Notice Saying That The Landlord Will Terminate Its Lease!

Help! My Business Just Got A Notice Saying That The Landlord Will Terminate Its Lease! By Niall D. O’Murchadha Conflict with a landlord is a common problem faced by businesses both large and small. The standard New York commercial lease follows this pattern: (1) if the landlord claims that the tenant has breached the lease, either by failing to pay...

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Posted in Client Q & A, Real Property
Posted: April 12, 2016

Client Q&A: I have a legal emergency! What can you do right now?

I have a legal emergency! What can you do right now? By John M. Lundin The wheels of justice can move slowly. Complex commercial cases can take years to resolve, even if the court and the parties do not delay. Sometimes, “justice delayed is justice denied,” and you need a court’s help immediately to prevent imminent (or already occurring) serious...

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Posted in Client Q & A, Injunctions Attachments and Other Preliminary Remedies
Posted: March 21, 2016

Client Q&A: My friends and I jointly own a corporation and an LLC, but disagree about everything lately. How can I get out of the business?

My friends and I jointly own a corporation and an LLC, but disagree about everything lately. How can I get out of the business? By Vitali S. Rosenfeld Separating from one’s business partners in a closely held entity—commonly known as business divorce—is a distinct area of modern commercial law generating a lot of litigation. Like any other dispute, it may...

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Posted in Client Q & A, Business Divorce
Posted: March 7, 2016

Client Q&A: My old boss’s lawyers are sending threatening letters to my new boss. What can I do?

My old boss’s lawyers are sending threatening letters to my new boss. What can I do? By Niall D. O’Murchadha The “threatening attorney letter” is a common feature of many of the business-related disputes discussed in these Client Q&As. If you suspect that a former (or current) employee or business partner is about to breach a non-compete agreement with you,...

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Posted in Client Q & A, Defamation, Labor and Employment Law, Tortious Interference
Posted: February 29, 2016

Client Q&A: I have a contract with a foreign government-owned company that has refused to pay me. Can I sue it in the United States?

I have a contract with a foreign government-owned company that has refused to pay me. Can I sue it in the United States? By Vitali S. Rosenfeld As discussed in a prior post, dealing with foreign parties adds a level of complexity to any litigation. But suing a company owned by a foreign state is a unique endeavor governed by...

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Posted in Client Q & A
Posted: January 25, 2016

Client Q&A: Help! My Adversary Is Being Represented By My Old Lawyer. What Can I Do?

Help! My Adversary Is Being Represented By My Old Lawyer. What Can I Do? By Niall D. O’Murchadha Whether or not a lawyer can continue to represent his or her client in a particular action is quite a common question, and the answer can be complicated and fact-specific. This post sets out the general rules that govern attempts to prevent...

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Posted in Client Q & A, Law Firms and Professional Ethics
Posted: December 22, 2015

Client Q&A: It looks like I am being sued, but I am not sure the lawsuit has been properly commenced.

It looks like I am being sued, but I am not sure the lawsuit has been properly commenced. By Bradley J. Nash The first step in commencing a lawsuit in New York is filing a summons and complaint in Court. But before the case really starts, the plaintiff must deliver the summons and complaint to the defendant through one of...

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Posted in Client Q & A, Service of Process