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Blog Posts in 2013

Starting a Business Without Starting a Lawsuit (or, The Gentleman's Guide to Saying Goodbye)

Let's suppose you have spent the last few years working for your employer. While on the job, you have learned the industry, made a host of relevant industry contacts, and have established strong ...
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Enforceability of Non-Compete Clauses in Employment Agreements

Ask ten lawyers if non-compete agreements are enforceable in New York and you may receive ten different answers, ranging from “they’re not worth the paper they’re written on” ...
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Stiffed!?! Solving the Problem of Non-Paying Clients

One of my colleagues, corporate attorney Stephen Furnari, hates it when his clients refuse to pay his bills. I mean really, really hates it. In a recent blog, Steve examined some of the reasons ...
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Protecting Your Company's Trade Secrets

If you are a successful small business, part of your success may be due to your use of proprietary techniques, processes or information your competitors do not have. Protecting this information is ...
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Finding the Right Lawyer for Your Small Business

One of the challenges facing the small business is finding the right lawyer. Unlike larger businesses, which may have one or more attorneys in their organization, or a general counsel charged with ...
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Dissolution of the Closely-Held New York Corporation

Most small businesses with more than a single owner typically opt to conduct their business as a corporation or as a limited liability company. When these businesses are properly established, the ...
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Successor Liability - A Primer

It is a general rule in New York, as well as most other jurisdictions, that a corporation that purchases the assets (as opposed to the stock) of another corporation does not become liable for the ...
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The Affordable Care Act: 3 Things Your Small Business Needs to Know

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act, which enacted comprehensive healthcare reform into law. Although the law makes sweeping changes to expand ...
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Online Defamation Part 2

A typical client call begins, “You know, someone posted this ridiculous thing about my business on the internet, and now every time someone does a search, it is the first thing that comes up on ...
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Online Defamation Part 1

The Internet. Can’t live with it, can’t live without it. A friend posts something online about you in fun, in jest, out of spite or anger, and now it is out there for the world to see, ...
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Seven Common Pitfalls Your Small Business Must Avoid

One of the principal reasons businesses incorporate is to shield the personal assets of the owners from the debts of the corporation and to limit the shareholders’ liability from claims against ...
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Simple Steps to Improve Collections

It is a fact of life for every business that a certain percentage of your customers will fail to pay you for your goods or services on the terms you and the customer agreed upon. Although ideally the ...
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Motions for Accelerated Judgment

In my earlier blog about frivolous lawsuits, I mentioned that these actions may be susceptible to dismissal on an accelerated basis by such devices as a motion to dismiss or a motion for summary ...
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Can I Really Be Sued for That?

A common misconception that people unfamiliar with the litigation process share is the belief that a party needs a good faith basis to commence a lawsuit. Many inexperienced clients are absolutely ...
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