Numerous F & B, Accommodation and General Services business are facing dire predicaments because of Coronavirus-related restrictions on business and the state of the U.S. economy. Now business owners are facing the fear that these businesses may be sued by patrons or employees for the alleged contraction of Covid-19 at
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Rental Abatements of Commercial Leases during New York Coronavirus Lockdown based on the Legal Doctrine of Commercial Frustration/Frustration of Purpose
New York Commercial Tenants, because of New York State mandatory business shutdown rules were, in many cases, locked out or otherwise not able to completely utilize their rental properties for a period of time because of these government lockdowns. Many NY commercial tenants are filing to New York court to
Continue readingFree Initial Consultation with a New York Lawyer
Hayes & Simon, an international law firm, is offering a free initial consultation with an attorney in New York. Your legal consultation may be schedule at: Schedule a Call. The call shall be with, in most cases, New York Lawyer Sean Hayes. Hayes & Simon, P.C. Hayes & Simon professionals are internationally
Continue readingReverse Discrimination at Universities in New York
Reverse Discrimination is a Misnomer. If discrimination is perpetrated against Whites, Blacks, Hispanics, Asians or Green Martians, it is discrimination under the U.S. Civil Rights Act of 1964 and others laws. Discrimination of white and Asian students at public and private universities may, also, be a violation of the civil
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 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 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 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 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 readingStarting 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
Continue readingNew 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
Continue readingWinding 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
Continue readingNY’s Highest Court Rejects Expansion of Common-Interest Doctrine: NY Legal New Updates
New York’s Court of Appeals has reinstated the New York rule that the common-interest doctrine in New York only applies in the context of actual or threatened litigation. The New York common-interest doctrine is a legal concept in New York’s Mergers & Acquisitions Law that provides an exception to the general
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Validity and Enforceability of Electronic Signatures in New York
Federal law governs, in most cases in New York, when the use of an electronic signature is valid and enforceable. The U.S. Electronic Signatures in Global and National Commerce Act (also called ESIGN Act) defines an electronic signature as “an electronic sound, symbol, or process attached to or logically associated
Continue readingShould I Purchase a Franchise Or Start My Own Business in New York: Six Factors For Your Consideration
Choosing between franchise or starting your own business in New York is an important choice that can have a major impact on your future. The choice may, ultimately come down to your personality. Weighing the pros and cons of purchasing a franchise against starting a non-franchised business begins with some
Continue readingNegotiating New York Royalty Agreements
When negotiating the use of your intellectual property, patent or process in exchange for royalties, these three basic tips are key when commencing negotiating New York royalty agreements and royalty agreements throughout most of the world. This week, we discussed some lessons learned from the recent news that the famed Broadway
Continue readingObtaining A New York Liquor License
Qualifying for a liquor license in New York State may seem straightforward, but will get complicated if you do not know the basics. The application process starts with choosing your business’s location in New York, because it can impact your license application. A New York business selling alcoholic beverages must
Continue readingNew York Independent Contractor or Employee? Taxi Union Sues Uber
Lawyers, in New York, representing 5,000 Uber drivers in New York City filed a lawsuit in NY on behalf of 10 of these alleged New York employees in federal court in Manhattan last week accusing the ride-share company of depriving these New York drivers of various employment protections they should
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