How to Amend a Contract

When you enter into a contract (or agreement, same thing really) you cannot possibly foresee all future developments of the relationship that is governed by that contract.  As a result, you may find yourself in a situation where you have to amend an existing contract. How do you amend a contract?  By entering into a … Read More

Legal Mistakes to Avoid in Business Agreements

Legal Mistakes to Avoid in Business Agreements

What kind of legal Mistakes should you avoid in Business Agreements? I’ve seen my share of dumb legal mistakes made by any type of business owner.  New and experienced business owners alike remind yourself every once in a while of these common dumb legal mistakes when dealing with business agreements. Legal Mistake 1: Not Getting … Read More

Know your Rights – Merchant Cash Advances

Easy Money or Debt Trap? Merchant Cash Advances are often the small business owner’s last resort for cashflow. When an SBA loan or any other business loan is out of reach, Merchant Cash Advance businesses are eager to give the business owner money. It only takes a couple of days, minimal paperwork, and the money … Read More

Gig Economy Essentials: Understanding the Service Agreement

If there is one agreement that every independent contractor will encounter in this gig economy, it is the service agreement.  If you are not selling or buying widgets, you are most likely providing services.  Either you will have an agreement to present to your clients, or your clients will present you with their agreement, which … Read More

Legal Mistakes to Avoid in Business Agreements

What goes into an Operating Agreement

An operating agreement is the document that sets forth the rights and obligations of the members of a Limited Liability Company.  Section 417 of the New York Limited Liability Company Law provides that “the members of a limited liability company shall adopt a written operating agreement that contains any provisions not inconsistent with law or … Read More

Reviewing Agreements 101

Get it in Writing You’ve heard it before:  Get it in writing. No exceptions.  All terms should be expressly stated in the agreement, in detail.  While oral agreements are in many cases valid and enforceable, it is better to have it in writing.  You must have it in writing if the subject matter of the … Read More

Contracting by Email and the Statute of Frauds

Email can actually save many agreements that would otherwise fall prey to the “statute of frauds”.   Let me explain. I know that many of you neglect to get their agreements and understandings in writing.  And, on an emotional level, I understand why.  It can seem off putting, too demanding and even insulting to new … Read More