Buy-Sell Agreements for Multi-owner Businesses in New York: New York Buyout Agreement Basics

When there is more than one owner of a New York business, creating a New York-tailored buy-sell agreement can save time and money if a change of ownership occurs in the future. New York business owners know that circumstances can change at a moment’s notice.  That is why ensuring that

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NYC Landlords Sue To Overturn Second Year Of Imposed Rent Stabilization Freeze

New York City landlords want the courts to intervene on the rent freeze on rent stabilized units that takes effect for second straight year.  According to the Courthouse News Service, four landlords, Benson Realty LLC, Danielle Realty LLC, Milagros Huertas and Marilyn Percy, and the Rent Stabilization Association, a trade

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Buying a Business in New York

When buying a business in New York, we recommend a more nuanced approach that contemplates matters beyond a mere cost benefit analysis.  Small businesses are the engine of the American economy.  According to a 2012 Small Business Administration report, small businesses “produced 46 percent of the private non-farm GDP in 2008 (the

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New York Reverse Mergers Basics

If you are looking to take your New York private business public, consider the benefits and drawbacks of a New York reverse merger.  Often executives and owners of successful New York businesses may wish to capitalize on that success by making shares of the business’s stock available to the public.

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Starting a Home-Based Food Business in New York

If you are looking to create a home-based food business in New York, then you should become familiar with what you can and cannot make, as well as other rules and regulations that exist. Before you even think about launching your home-based food business, check with your city or town

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Reasons for a New York Landlord to Hire an Real Estate Attorney

If you are a New York landlord that owns or manages one or a few rental properties, then you are unlikely to have a New York lawyer on retainer. To save costs and avoid frustration, landlords should recognize that when these five situations arise, it is time to hire a

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No, You Cannot Take a “Ballot Selfie” in New York

  With the Presidential election looming in a few weeks, here is a reminder that taking a “ballot selfie” to show your social media circles how you voted in New York is actually illegal. Recent published reports note that federal courts recently struck down bans on ballot selfies in New

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Cuomo Signs Law That May Cripple Airbnb in NYC

After a summer of discontent, New York Governor Andrew Cuomo signed the toughest restrictions on short-term apartment rentals in the country that may cripple the operations of Airbnb in the state. As discussed in many previous blog posts here, Airbnb is an online marketplace where prospective guests look for a bed

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New York Commercial Lease Basics: Negotiate a Good Guy Clause For Your New York Start-Up

New York start-up businesses can negotiate a Good Guy Clause into their NY commercial leases to gain flexibility in terminating leases should things go upside down. A New York Good Guy Clause is commonly used in New York City as a personal guaranty within a commercial lease.  In exchange for

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NY Tips, Gratuities And Mandatory Service Charges Tax Law Basics: Rules for New York Businesses and Employees

New York businesses and its employees alike can both benefit from learning the rules for NY tips, gratuities and mandatory service charges. Many New Yorkers are tipped employees. Jobs where workers earn tips range from waiters and servers, to hotel employees and those who provide other services like delivery workers.

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Some Uber Drivers May Be Entitled To Unemployment Benefits

An administrative ruling out of New York state found that, under certain conditions, Uber drivers may be entitled to state unemployment benefits. The NYS Department of Labor (DOL) ruled that two Uber drivers were eligible for weekly jobless benefits. This represents the first time that a state government determined that

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What I Learned About International Business Law By Visiting Seoul

I took away a few lessons in law that businesses looking to expand internationally must consider after recently visiting my law firm partner Sean Hayes in his adopted home of Seoul. First, show some respect to your target market. Just like when you chose your domestic business target market, observing your

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Federal Court Dismisses Claim That Disney Violated H1-B Visa Law

A federal judge dismissed lawsuits brought by two former Walt Disney Parks and Resorts workers claiming that it conspired with outsourcing companies to violate visa laws. According to published reports, the lawsuit claimed that two American IT workers were laid off and forced to train foreign replacements with H1-B temporary visas

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Suit Claiming NY’s Daily Fantasy Sports Law Is Gambling, Not Skill

An anti-gambling reform group filed a lawsuit last week claiming that New York’s “Daily Fantasy Sports” law violates the NY State constitution by characterizing daily fantasy sports contests as games of skill, rather than games of chance. The suit was filed in New York Supreme Court in Albany County by

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Supreme Court Extends RICO Law To Cover Acts By Domestic Organizations Overseas

The Supreme Court determined in RJR Nabisco v. European Community that the Racketeer Influenced and Corrupt Organizations Act (RICO) — a statute created to fight organized crime across the country, can be applied to prosecute criminal acts outside of the United States and, in some cases, even create a private right of

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New York Divorce: Residency Requirements and Permissible Grounds for Divorce in NY

Prior to filing for a divorce in New York, you must meet the residency requirement as outlined in New York’s Domestic Relations Law, and you must have a legally acceptable ground for the divorce in New York. Domestic Relations Law § 230 outlines the residency requirement that parties seeking a

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New York City Considering Subsidizing Legal Counsel For Low-Income Persons In Housing Court

The New York City Council is considering legislation that would make New York City the first jurisdiction in the nation that would confer the right to counsel in housing court for low-income persons. The bill would guarantee civil legal counsel for low-income tenants in an eviction or foreclosure proceeding, so

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Pokémon Go Lawsuit Claims Game Creators Entice Users To Trespass

Creators of the popular Pokémon Go augmented reality game are litigants in a lawsuit claim that the game entices users to trespass on other’s properties. Nintendo, the Pokemon Company and Niantic Labs are named in a lawsuit filed in New Jersey on behalf of Jeffrey Marder, a homeowner who claims to have

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New York Extends Time For WTC Disability Claims By 9/11 First Responders

This week, New York Gov. Andrew Cuomo signed a law that extended the submission deadline for disability claims by first responders who worked at the World Trade Center (WTC) and related rescue operations after the September 11, 2001 attacks. The submission deadline under the WTC Disability Law has been extended

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Drafting a New York Prenuptial Agreement

In light of the impending divorce of superstar couple Brad Pitt and Angelina Jolie, now is a good time to become re-acquainted with what a prenuptial agreement is and what can and cannot be included in a New York prenuptial agreement. A New York prenuptial agreement is: a contract between future

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