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

Continue reading

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.

Continue reading

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

Continue reading

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

Continue reading

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

Continue reading

Use A Cease and Desist Letter in New York

Proper use of a cease and desist letter is the first measure a business can take to protect itself from copyright and trademark infringement – as seen in recent news articles.  GiGi New York sent Gigi Hadid and her Tommy Hilfiger collaboration a cease and desist letter because of the

Continue reading

What NY Businesses Should Learn From the United States v. Texas Immigration Decision

The Supreme Court’s decision in United States v. Texas this past June upheld a challenge to a pair of executive orders on immigration. While the political rancor continues on the issue of immigration, especially on the grand stage of election politics, businesses should remain vigilant in the evolution of immigration law

Continue reading

NLRB Judge Rules Chipotle Is Liable For Labor Violation For Enforcing “Unlawful” Social Media Policy

This week, the National Labor Relations Board (NLRB) ruled that Chipotle Mexican Grill had an “unlawful” social media policy that violated the National Labor Relations Act (NLRA). According to published reports which detail the facts of this particular case, the dispute stems from charges filed on the worker’s behalf by the

Continue reading

Proposed Change to NYC Hiring Practices Intended To Tackle Wage Inequity

A proposed change to New York City local law seeks to make certain customary hiring practices illegal for employers in New York City. This week, the NYC Office of Public Advocate introduced proposed legislation that would make it illegal for employers to inquire into a job applicant’s wage history during

Continue reading

COBRA Basics for New York Businesses

To conclude our series on federal laws that every small business owner must know, we discuss an employer’s obligation to provide health insurance under New York law.(For other stories in this series, you can read our posts about best practices to avoid age discrimination, New York’s new laws involving family and medical

Continue reading

Can a Hashtag Be Registered As A Trademark?

Talking to a colleague today, we both came upon an interesting legal question: is a social media hashtag a trademark that one can register? For those who are not familiar with hashtags, it is a word or phrase preceded by a “#” that accompanies text. Hashtags are used to categorize

Continue reading

New NLRB Labor Rules Negatively Impact U.S. Franchises

Revised federal rules from the National Labor Relations Board that give employees more leverage in settling workplace disputes are negatively impacting franchisors and franchisees, leaving them with higher costs and forcing them to scale back plans for future expansion. The new policy adopted by the National Labor Relations Board (NLRB)

Continue reading

Filing a DBA Name In New York

If you want to conduct business under a trade name that is different from the name used to form your New York business, then you need to file a DBA, or a “doing business as” name, in New York. DBAs are useful for a number of reasons. They allow a

Continue reading

NY Agency Law Basics: Obtaining an agent to distribute your products in New York

New York Agency law deals with the relationship between an “agent,” and a “principal.” An agency relationship forms when a principal asks an individual to act on behalf of the principal and the action of the agent may bind the principal in some way.  Agency, in short, is a fiduciary

Continue reading

Federal Trademark Basics: What You Can Learn From The “New York Fashion Week” Trademark Controversy

A growing controversy over the use of a widely-known phrase in the New York fashion industry is a perfect example of why you need to protect your trade names and marks immediately. If you are fashion-forward, or a New York resident, then you have probably heard of the phrase “New

Continue reading

Authenticating International Documents for use in New York

If you want to enforce a judgment in New York, or any other international document, headed to or coming from another nation, you should understand the process by which those documents are authenticated. An American court will not take a foreign document at face value. It must be authenticated before

Continue reading

Revised New York Court Rule for Submitting Confidential Documents in Commercial Litigation in NY

New changes in how New York Court’s Commercial Division will have litigant file confidential documents submitted takes effect today.  The changes are part of an amendment to the division’s Standard Form of Confidentiality Order that establishes a more formal process for submitting confidential documents in an e-filed case in New

Continue reading

NY Franchising Red Flags

If you are thinking about entering into a franchise agreement in New York, please consider these New York Franchise Warning Signs.  All of the laws in New York that are intended to protect potential investors in franchises are not meant to act as a substitute for good business sense, so be

Continue reading

IRS 501(c)(3) Organizations vs. IRS 501(c)(4) Organizations: New York Non-Profit Law Basics

We have clients at our law firm in New York operating non-profit businesses in New York that require advice on IRS 501(c)(3) vs. IRS 501(c)(4) organizations. We hope this and a few other articles we have will be useful for the reader. Whether your New York nonprofit should apply for tax

Continue reading

New York May Make Airbnb Short-Term Rentals Illegal: New York Rental Law Updates

New York may pass legislation by the end of the week making it illegal for New Yorkers to list short-term rentals on Airbnb. In a rare show of bipartisan support, a bill to ban Airbnb-style posts for short-term sublets could get floor votes on the floors of the New York

Continue reading