In all cases, where you are accused of a crime in New York that may lead to a sentence of time in a New York jail deportation (“crime of moral turpitude”) from the United States or may harm your future – hire, quickly, an experienced and proactive NY defense attorney.
Continue readingInternational Distribution Agreements: Selling your Products, Systems & Services Abroad via Distributors, Agents & Franchisees
Our attorneys at Hayes & Simon see too many international distribution agreements, agent agreements and franchise agreements that are mere spun U.S. or European distribution agreements. These agreements are utilized for matters concerning the distribution of a products, systems or services abroad and should be based, in most cases, based
Continue readingStarting Business in New York via a Joint Venture or Partnership Agreement?
Starting a business in New York can be enjoyable and profitable adventure if you get the business on the right track from the start. Often, companies choose to come together via a joint venture or partnership. With the present coronavirus shutdowns in New York, quality of life issues and New
Continue readingNew New York Law Office of Hayes & Simon Opens on Wall Street
Hayes & Simon, P.C. has opened a new law office on Wall Street in New York City. We welcome our local clients, family & friends and clients abroad to pay a visit during their next trip to the Financial District in New York. Hayes & Simon professionals are internationally recognized for delivering
Continue readingChallenging a Dismissal, Suspension or a Negative Transcript Notation in New York, Connecticut and New Jersey.
Our lawyers here at Hayes & Simon have seen public and private universities & high schools in the tri-state area suspend, dismiss and impose a negative transcript notation on students for mere political speech; minor indiscretions; and a variety of matters that concern off-campus activities. In many cases, the universities
Continue readingSuccessor Liability in New York: Suing an Acquiring Company for the Actions or Inactions of the Acquired Company
Our New York law office recently undertook a case in which we are alleging a company caused significant damage to the real property of our Client because of a tort by a defendant. However, the defendant company was acquired by another entity. In New York, the general rule is that
Continue readingNew York Disability Discrimination Laws: NY Employment Law Basics
When an employer, in New York, makes employment decisions based on a disability and not via criteria appropriate under law, the action of the employer may be considered disability discrimination under federal and New York State Law. New York State and New York City Law provides comprehensive protections for employees
Continue readingRestrictive Covenants in New York Franchise Agreements: Strategic Use of Restrictive Covenants by Franchisors
New York franchise agreements typically contain restrictive covenants against competition and/or a franchisee non-compete clause. Such provisions are meant to prevent franchisees, whom are granted rights by the franchisor to operate a business modeled on the Franchise Program from engaging in business activities in competition with the franchisor during or
Continue readingTermination of New York Commercial Leases based on Violation of New York Law
New York landlords may terminate a commercial lease agreement based on a tenant utilizing a leased premise for a violation of New York or U.S. Federal Law. A recent NY court holding leads credence to the understanding that even a single violation of law related directly to the illegal use
Continue readingFinding an Efficient New York Business Lawyer for your NY Business
We here at Hayes & Simon obtain numerous emails and calls from potential clients in search of a New York business lawyer to act as part-time general counsel. The majority of these intakes come from referrals from present clients, referrals from other lawyers and some trickle in via this New
Continue readingDraft A Clear Statement of Work in New York
When hiring a business or individual in connection with a project, it is important that all parties create and agree to a clear and precise Statement of Work. A Statement of Work (SOW) is a formal document entered into by parties involved in a project that specifies in clear understandable
Continue readingTrump Administration Challenges New York City Gun Laws
The Trump administration filed, recently, a brief challenging the perennially controversial NY Gun Law. The brief filed by the Trump administration argued that NY Gun Laws created by the NYPD known as the “transport ban” is unconstitutional, alleging that it contradicts the Second Amendment rights to “keep and bear arms.”
Continue readingNew York Sexual Harassment Law Basics for New York City & State Employers
The #MeToo movement has motivated the State and City of New York to implement a battery of new sexual harassment laws applicable to all businesses in New York City and New York State. The new New York laws should motivate employers in New York to update NY employment rules, NY
Continue readingEnforcement of Foreign Judgments in New York Courts: Collecting debts based on foreign judgments in New York
Enforcement of a foreign judgment in a New York court should first proceed based on the type of foreign judgment and how you obtained the foreign judgment. The procedure requires an understanding of not only New York Law, but international law and treatises. The procedure should be performed by a
Continue readingFranchises Available to Entrepreneurs in New York
If you are serious about investing in a franchised business it best to consider the three basic type of New York franchises, typical, in the New York market. The following are the major types of New York Franchises. Business Format Franchises: In business format franchises, a company expands by supplying
Continue readingBuying or Selling A Business in New York? Do Your “Due Diligence”
Before buying or selling a New Yorkbusiness, make sure you understand how to perform a “due diligence” for the business. This is essential for all businesses whether you are the buyer or a seller. A good motivated seller of a business will, usually, receive a better deal if pre-due diligence
Continue readingUnderstanding New York’s Business Judgment Rule
Officers and directors of start-up corporations are responsible for managing and directing the business’s affairs. As the business grows, so does the level of responsibility for officers and directors. Under the “business judgment rule,” officers and directors of a corporation are immune from liability to the corporation for losses resulting
Continue readingNew York Age Discrimination Protection Basics
As part of our ongoing series of posts intended to familiarize you with New York and Federal laws you must follow if you are running a business in New York, it is important to understand the way the New York law protects employees from age discrimination. Age discrimination is, in
Continue readingFiring an Employee in NY? Exceptions to NY “At Will” Employee Law
If your New York business hires employees in NY, then it is essential that you know what hiring someone as an employee “at will” in New York is and what rights and protections at-will employees are afforded under New York At-Will Employment Law. New York is generally considered an “employment
Continue readingStarting A Nonprofit Corporation in New York
Here is a not-so-quick introduction of how to start a nonprofit corporation in New York. A 501(c)(3) organization, which are formed for religious, charitable, scientific, literary or educational purposes, is eligible for federal and New York state tax exemption. But before you can have a tax exempt organization, you need
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