How to Choose the Right Structure for your New York Business

While starting a business is one of the most exciting chapters of your life, it’s important to focus on the right structure for your New York business. The legal structure that you choose for your business will have implications on your taxes, personal liability, and the opportunities to raise capital.  

Continue reading

Statute of Limitations in New York

A statute of limitations is a law that sets out the maximum amount of time that a party involved in a dispute has to commence legal proceedings against an opposing party. The limitation periods vary by jurisdiction and are applicable in civil and criminal cases. One major issue not addressed

Continue reading

Ban on New York Evictions to continue into 2021

New York tenants are set to be handed a further lifeline, while many landlord and lenders are in great peril after New York City agreed to extend its ban on residential evictions. The New York Legislature passed a comprehensive anti-eviction law barring commercial and residential evictions. The bill blocks landlords

Continue reading

The Post COVID World presents opportunities for small business owners in 2021

No one can deny that it’s been a tough year for New York City small business. The COVID-19 pandemic has seen thousands of small business operators close down. With hardships comes opportunities. Over one third of small businesses in New York have been closed since January. Nearly 30% of those

Continue reading

Recognition and Enforcement of Foreign Arbitral Awards in New York Courts

The United States is a contracting state to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of the United Nations Commission on International Trade Law (“Foreign Arbitral Awards Convention”). This New York law blog post details the steps necessary to recognize and enforce a foreign arbitral award

Continue reading

Protecting Trade Secrets under New York Law: NY Trade Secret Law Basics

Protecting Trade Secrets, in many cases, may be the difference between success and failure of your business in New York. The post shall detail the basics of New York Trade Secret Law. The New York Court System has not adopted the Uniform Trade Secrets Act (“UTSA”), but has common law

Continue reading

Raising Venture Capital for your Startup or Small Business

Even during a pandemic, the appeal of being your own boss or an entrepreneur never loses its luster. The United States, Asia and other markets have proven to be exciting and happy hunting grounds for companies to explore new funding opportunities, and the COVID-19 shutdown has presented plenty of opportunities

Continue reading

Eviction Moratorium on Commercial & Residential Rents set to continue in New York until 2021

The Big Apple continues to present new opportunities to both new entrepreneurs entering the market and the established players who continue to call New York City home. No one is denying that we are all doing it tough. Commercial tenants have been put through the wringer with mandatory enforced business

Continue reading

Proposed Amendments to New York Antitrust Law

The Donnelly Act, which is New York’s main antitrust law, was written in 1899 and codified in §340-§347 of New York’s General Business Law. It is time for this act to be updated. Anti-trust/Competition Law in New York has not kept up with the times. Prohibited Acts under New York’s

Continue reading

Free 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 reading

Successor 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 reading

Termination 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 reading

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

Continue reading

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

Continue reading

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

Continue reading

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

Continue reading

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 reading

Suing The New York Government? Exceptions And Extensions To Statutes of Limitation / Notification Periods

When you are suing the New York government, there are strict time limitations for notice and filing your claim, but they are not without exception or without the ability to extend under special circumstances. Recently, we featured a blog post about the statute of limitations when suing a New York municipal

Continue reading

Suing New York Banks in Equity: New York Equitable Accounting Remedy

Recently, we discussed a case where we were able to hold JPMorgan Chase to their word with regards to a stipulation made in a New York court.  We represented a defunct New York corporation suing for the return of a substantial amount of funds that the bank allowed a co-owner to

Continue reading

Negotiating 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 reading