In court, an LLC needs an Attorney

Tom Swartz of New York Legal Update alerted me to this recent development in LLC law:  A New York court has decided that a  New York LLC needs to be represented by an attorney in court.  See his post on the topic and for case information.  Pursuant to CPLR 321(a), "a party, other than one specified in section 1201 of this chapter, may prosecute or defend  a ...

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Terms of Use: Do they have to be Fair?

Who knows what fair is, anyway.  But, under certain circumstances, your terms of use cannot be completely unconscionable. When drafting terms of use for your Website, you are probably inclined to make them as favorable to you as possible, thinking it is a "take it or leave it" proposition.  If visitors don’t like your terms of use, they can take their web surfing...

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