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 Google. What can I do?” In my last article, I outlined some of the problems inherent in bringing a defamation lawsuit…
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, read, and/or comment upon. Oh, it will go away or blow over, you think. But will it? The…
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 the corporation. This limited liability is a function of the corporation’s status under state business corporation statutes as a distinct legal entity, separate and…
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 parties will attempt to resolve a payment dispute in a mutually acceptable way that permits the business…
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 judgment. While these motions are available to either the plaintiff or defendant, in this article I will focus on its use by…
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 mystified that a litigant can start a lawsuit against them on grounds that they believe are completely devoid of legal or factual merit. This…
Now that the 2013 tax filing season is behind us, the temptation for many small business owners is to try to avoid thinking about taxes until April of next year rolls around. This is unfortunate, because with a little advance planning, a small business owner can reduce his tax burden and keep more of his…
Beginning April 1, 2014, under New York City’s Earned Sick Time Act (Paid Sick Leave Law), virtually every employer of New York City employees will be required to provide its employees up to 40 hours of sick leave every calendar year. The law represents a major expansion of employee rights. In this blog, I will outline the…
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 coverage, increase benefits and lower costs, and reform both our public and private health insurance systems, this blog post will focus on the Affordable Care Act’s…