From the category archives:

Business Law

What You Need to Know About Registering your Business Name in New York

Sole pro­pri­etor­ships, such as com­puter con­sul­tants using a name other than the owner’s name should file a Busi­ness Cer­tifi­cate with the County Clerk’s Office in the county where the busi­ness is located.
Gen­eral part­ner­ships, which are oper­at­ing a busi­ness under an assumed name should file a Busi­ness Cer­tifi­cate for Part­ners with the County Clerk’s Office in […]

New York Independent Contractor and Consulting Agreements

As an inde­pen­dant con­trac­tor, there is no employer-employee rela­tion­ship with the per­son or com­pany that you are doing busi­ness with.  The inde­pe­dent con­tract is a con­sul­tant who per­forms spe­cific duties that the con­sul­tant is capa­ble of per­form­ing.
At the start of the rela­tion­ship, it is absolutely vital to have an inde­pen­dent con­tract agree­ment (also known as a consulting […]

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Why You Need to be Clear About The Subject Matter When Drafting Contracts

One of the most basic parts of a con­tract is describ­ing its sub­ject mat­ter.   The sub­ject mat­ter is the part of the con­tract where you, the client, has the most imput. Generally, the sub­ject describes the ser­vices that are to be per­fomed, the goods that need to be sold, the prop­erty that needs to be assigned. 
When describing […]

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What to do if a Former Employee Solicits Customers?

Your star sales­per­son has decided to jump ship to a com­peti­tor.  She has taken your cus­tomer list and has started solic­it­ing for busi­ness. What can you do to stop her?
Under New York Con­tract Law, you may be able to obtain a per­ma­nent  injunc­tion against her where she would be pro­hib­ited from solic­it­ing your clients. 
A pre­lim­i­nary injunc­tion can […]

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How are goods delivered if someone else has possession of them?

It is not unusual where you may be pur­chas­ing goods that a third party has pos­ses­sion of, such as a ware­house or a bailee.  In such an instance, you should be clear in the con­tract where the deliv­ery should be made.
Under the UCC, which cov­ers the sale of goods, if the con­tract is one for goods […]

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Should You Litigate?

Just because you may have a claim to start a law­suit does not mean you should.  Litigation can be expen­sive.  It is absolutely crit­i­cal to assess the eco­nom­ics in start­ing a law­suit before doing so. 
Dur­ing your ini­tial con­sul­ta­tion with an attor­ney, you have to con­sider the amount you are plan­ning to sue for, what relief you expect to be […]

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New New York Power of Attorney Form

Com­menc­ing Sep­tem­ber 1, 2009, NY enacted new law with regards to power of attor­neys.  You can find the new forms here:
http://www.judicialtitle.com/forms.php

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Sample Multimedia Agreements

Look­ing for the right mul­ti­me­dia agree­ment for your business. Here is a list of some of the Agree­ments that my office can draft for you.

Copy­right Assign­ment
Work for Hire Agree­ment
Moral Rights Waiver
Copy­right Per­mis­sion let­ters
Fram­ing Agree­ment
Cease-and-Desist Let­ter for Trade­marks
Nondis­clo­sure Agree­ments
Sub­mis­sion Agree­ment
Mutual Non-Disclosure Agree­ment
Right of Pub­lic­ity Agree­ment
Model Release
Employ­ment Agree­ment
Employee Nondis­clo­sure Agree­ment
Web­site Pri­vacy Agree­ment
Con­sult­ing Agree­ment
New Employer Let­ters
Soft­ware Devel­op­ment and Pub­lish­ing Agree­ments
Title […]

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What Can You Sue For? Basic Contract Damages

If you are suing for a breach of con­tract you are prob­a­bly won­der­ing what money can you col­lect.  You could also be won­der­ing if there is any other relief that you can obtain from the court. Listed below are the basics of what you can sue for in a breach of contract case:

Com­pen­satory Dam­ages.
Con­se­quen­tial Dam­ages;
Liq­ui­dated Dam­ages;
Injunctions […]

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4 things you should think about when deciding how partners should be compensated

Decid­ing part­ner com­pen­sa­tion when start­ing up a com­pany is crit­i­cal.  With­out a fair and just writ­ten com­pen­sa­tion  pro­vi­sion in a part­ner­ship agree­ment, the busi­ness can implode.  Here are 4 things you should think about when decid­ing how part­ners should be compensated:

When will prof­its be divided? Will it be once a year, at the end of […]

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