How do you evaluate small business litigation; whether to bring a lawsuit or not? Metaphysical Overview The small business owner considering litigation, or being sued, should at the outset take what I refer to as a “metaphysical” overview of the problem. The two constants of litigation are that it is time-consuming, expensive and the outcome … Read More
A business break-up can be as stressful and emotionally draining as the breakup of a marriage. And there is always a child involved….the business. So when your business partnership has gone bad, you really want to find out where you are standing and what rights you may have vis a vis the other business partners and the business.
I wrote before about getting access to the books and records of an LLC. The same scenario can happen if you are a shareholder in a corporation. The corporation cannot deny you access to its books and records. Access to Corporation’s Books and Records You ask the Corporation for financial information and other documents and … Read More
If you are a member of an LLC and are being denied access to company records, we can help you get access by bringing a books and records petition in court under Section 1102 of the New York Limited Liability Company Law. The scenario is often like this: You’ve been happily doing business with your … Read More
Most litigations reach a point, sooner or later, when the parties discuss settlement. When should you discuss settlement in your litigation? There is no precise rule. It could be right after you file the complaint or after the parties have the chance to look at each other’s evidence (discovery). There are some other things to … Read More
Once you’ve made the decision to sue someone (a decision that shouldn’t be made lightly) or worse, you’ve been sued, you may wonder what lies ahead in your typical New York Small Business lawsuit? First the Bottom Line Litigation is expensive. It can interrupt your business. Unless it is arbitration (which this post does not … Read More
Many small business contracts provide that any dispute arising from the contract must be arbitrated rather than litigated in a state or federal court. Unfortunately, these provisions are often included without a second thought to their practical meaning. Before agreeing to arbitrate your small business dispute know this about arbitration: What is Arbitration? Litigation of … Read More
