Blogs

Client Q & A

Answers to common client questions.
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: November 30, 2015

Client Q&A: I am a shareholder in a family-owned business. I think that CEO of the company has been taking advantage of us. Besides firing her, is there anything we can do?

By John M. Lundin Shareholders own the corporation, but the directors and the officers they employ run it. Making sure that corporate officers act in the best interests of the shareholders, who own the company, rather than themselves, is one of the fundamental problems of corporate law. Fiduciary Duties A corporate officer has a fiduciary duty to the corporation and...

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Posted: November 16, 2015

Client Q&A: Responding to a Subpoena in a Criminal Matter

Responding to a Subpoena in a Criminal Matter By Michael A. Battle In Law enforcement has asked me for information about my business. What should I do?, Schlam Stone & Dolan partner Michael A. Battle explained the first steps you should take when contacted by law enforcement. This post discusses the next step, responding to a government subpoena. Now that...

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Posted in Client Q & A
Posted: November 2, 2015

Client Q&A: Law enforcement has asked me for information about my business. What should I do?

Law enforcement has asked me for information about my business. What should I do? By Michael A. Battle You have just received a subpoena from the Government commanding the production of documents or other information. Or perhaps you have been contacted directly by someone from the FBI, the US Attorney’s Office, the State Attorney General’s office or a District Attorney...

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Posted in Client Q & A
Posted: October 20, 2015

Client Q&A: I am the beneficiary of a trust, and I’m afraid the Trustee is taking advantage of me. What can I do about it?

I am the beneficiary of a trust, and I’m afraid the Trustee is taking advantage of me. What can I do about it? By Niall D. O’Murchadha Disputes between trustees and beneficiaries are sadly common, and have been happening since trusts were first invented thousands of years ago. As far as we know, trust law was first formalized in ancient...

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Posted: September 21, 2015

Client Q&A: I have to sue a foreign company, but don’t know where and how…

I have to sue a foreign company, but don’t know where and how… By Vitali S. Rosenfeld Just like in any business dealings, a relationship with a foreign counterparty may invite litigation. But international proceedings can bring more uncertainty, because there are more variables. Where do you sue: here (where you are), there (where they are), or somewhere else? Which...

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Posted: September 8, 2015

Client Q&A: A competitor just told a lie about me. Can I sue him?

A competitor just told a lie about me. Can I sue him? By Erik S. Groothuis. In the rough-and-tumble of the marketplace, competitors often say things about each other that are less than complimentary. When your competitor’s statements cross the line from providing truthful information (e.g., “we are the highest selling car dealership in New York”) or puffery (e.g., “our...

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Posted: August 27, 2015

Client Q&A: I was cheated by a big company. My loss was not big, but they probably cheated other people, too. How can we all get justice?

I was cheated by a big company. My loss was not big, but they probably cheated other people, too. How can we all get justice? By Bradley J. Nash In general, a plaintiff in a lawsuit can only assert claims for injuries that he suffered – and cannot assert claims on behalf of others. A class action is a special...

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Posted: August 10, 2015

Client Q&A: The IRS is After Me. What Should I do?

The IRS is after me. What should I do? By James C. Sherwood The IRS contacts people in many ways, and for many reasons. Most of these contacts are routine inquiries; some are not. What follows are some considerations to help you understand the process. However, if the IRS contacts you, seek advice from a qualified tax attorney or accountant....

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Posted in Client Q & A, Taxation
Posted: July 27, 2015

Client Q&A: What’s a Ponzi scheme and how can I tell if I have gotten caught in one?

What’s a Ponzi scheme and how can I tell if I have gotten caught in one? By John M. Lundin A Ponzi scheme is a fraud where the victims entrust money to the perpetrator who, instead of investing the money, uses later investments to pay returns to earlier investors, keeping the rest of the money for itself. The scheme typically...

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