Finding 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

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Draft 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

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Trump 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.”

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New 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

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Enforcement 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

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Franchises 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

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Buying 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

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Understanding 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

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New 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

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Firing 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

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Starting A Nonprofit Corporation in New York

Forming a nonprofit corporation in New York is not so difficult after some basic understandings of the the types of nonprofit businesses in New York and an understanding of the basic formalities. 501(c)(3) Nonprofit Organizations in New York A 501(c)(3) organization, which are formed for religious, charitable, scientific, literary or

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NY State and Federal Tax Exemption for your New York Nonprofit

Now that you created your New York nonprofit,  let’s discuss how your New York nonprofit can apply for state and federal tax exemption. After your New York nonprofit has held its first organizing meeting, you will need the continued assistance of an experienced attorney to file documents with the federal

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New York Non-Compete Agreements

The validity of a non-compete agreement in New York is measured in light of relevant principles and the particular facts and circumstances surrounding your business. Non-compete clauses are commonly found in employment agreements across many industries regardless of size or products / services offered. Non-compete agreements impose restrictions on future

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Good New York Lawyers Beats Goliath Everyday In New York Courts

It can be daunting to think about suing anyone, let alone a huge department store like Macy’s. The same Macy’s that brings us Santa Claus and the opening of the holiday season with their annual Thanksgiving Day Parade televised nationally.  The same Macy’s with department stores all over the United

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International Divorces in New York Courts: Grounds for Divorce in New York

In New York, a divorce may be granted by a New York Family Court based on a mutual agreement of separation, an order of separation by a New York court, for “Fault” attributable to the other spouse or for No-Fault Grounds. A New York court may not grant a divorce

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New York Shareholder, Member and Partnership Business Disputes In NY: New York Business Disputes & Litigation Basics

We handle numerous New York, New Jersey, Connecticut and international shareholder and member disputes.  The main reasons for these disputes are because of the lack of an adequate Shareholder, Operations or Partnership Agreement, the lack of due diligence or nefarious acts by a member, shareholder or controlling directors.  Analyzing whether

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Winding Up Your New York Business: Essential Steps to Business Closure in New York

If you are looking to close your New York business, these are some of the many essential steps you should take.  In most cases you shall require a New York Bankruptcy lawyers to assist in the windup process: Vote to Close the New York Business No matter what form your

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Enforcing Foreign Judgments in New York: Personal Jurisdiction Necessary?

The New York State Court, in a case of first impression held that in personam jurisdiction is not necessary to recognize and enforce judgments in New York from a foreign court.  The case that decided the matter is Abu Dhabi Commercial Bank PJSC v. Saad Trading, Contracting & Fin. Services

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Frustration of Purpose as a Tool to Avoid Contracts in New York: The BREXIT Fallout

We have clients that are supplying products to UK companies and UK companies that are being supplied products by U.S. companies. With the surprising outcome of the Brexit vote, the purpose of these agreements are now frustrated because, often, these products are used in finished products assembled in EU nations.

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Hearings Necessary in New York Child Custody Disputes

In a significant change in adjudicating New York child custody disputes, the New York’s Court of Appeals recently ruled that, in most cases, NY child custody and visitation orders should, only, be made after the parties have been given the right to a full evidentiary hearing before a New York

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