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Remedies for Breach of Contract

If another party fails to honor the terms of an agreement — known as breach of contract — you may choose to negotiate, attempt to enforce the contract, or seek damages for harm the breach has caused to you or your business. When a case is litigated, the court may apply any of several types […]

Steps to Protect Your New Business

Starting a business represents an exciting time of new possibilities and unlimited potential. As you get your new venture off the ground, take some precautionary steps to help protect your business from legal problems in the future. Understand Applicable Laws Most U.S. businesses are subject to a variety of local, state and federal laws that […]

How to Sue for Breach of Contract

A breach of contract occurs when a party fails to uphold obligations specified in a written agreement. If you’ve suffered financial harm due to a breach of contract, you may be entitled to recover compensation under New York law. Before you file a lawsuit, your attorney will work with you to determine the key issues […]

Forming and Registering an LLC

When you want to form and register your own LLC in New York, the process is fairly straight forward. You start with naming your LLC using the parameters set by the state of New York. Your name must contain Limited Liability Company, L.L.C. or LLC and it can’t contain certain words prohibited that would confuse others […]

What is the Difference Between a 1099 Subcontractor and an Employee?

Many business owners prefer hiring contractors to bringing on employees for one simple reason: cost. With 1099 contractors, employers don’t provide benefits, cover employment taxes, or pay for supplies and overhead. Employers should use caution, however, when they classify workers as independent contractors. The IRS notes that while employers are not required to withhold and […]

Criminal Fraud and Clawback Actions

A bankruptcy trustee’s primary role is to collect and administer assets belonging to the bankruptcy estate and to distribute those funds to creditors on account of their claims. In the context a of criminal fraud scheme that ultimately leads to a chapter 7 liquidation proceeding, the trustee collects a great deal of estate funds through […]

How to Dissolve a Company

Businesses close down for many reasons, including financial difficulties, the retirement of an owner, and disagreements among partners. If you are considering dissolving your business, you should understand the steps involved and the process for liquidating assets. Steps for Closing a Business The organizational documents for your company, depending on the business structure, may play […]

What is a Mechanics’ Lien

For subcontractors and suppliers, mechanic’s liens serve as a way to ensure payment when a general contractor fails to meet its financial obligations. Liens represent a legal claim against a property where a subcontractor, builder, construction company, landscaper or supplier has completed work. For example, if a craftsman builds custom cabinets for a kitchen remodeling […]

How To Form a Business Corporation

A business corporation may be formed in the State of New York by filing a Certificate of Incorporation pursuant to Section 402 of the Business Corporation Law (“B.C.L.”). Forming a Corporation Some of the steps you need to follow to form a business corporation in the State of New York include: Selecting a Corporate Name […]