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

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International Distribution Agreements: Selling your Products, Systems & Services Abroad via Distributors, Agents & Franchisees

Our attorneys at Hayes & Simon see too many international distribution agreements, agent agreements and franchise agreements that are mere spun U.S. or European distribution agreements. These agreements are utilized for matters concerning the distribution of a products, systems or services abroad and should be based, in most cases, based

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Starting 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

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New 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

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Restrictive 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

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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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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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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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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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SEC Regulation D – Private Offerings: NY Startup Law

Start-ups in New York looking for investment capital should consider the classification of investors that can and cannot partake in private offerings.  Under the Securities and Exchange Commission’s Regulation D, an organization may issue a private offering of stock to raise funds without officially registering to “go public.” We discussed the

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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

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Private Placement Memos Get Start-Ups Moving

Recently, I wrote about the two tools available to small businesses to stir interest and investment – the business plan and the private placement memorandum.  Let’s focus on the private placement memorandum. A Private Placement Memorandum (or PPM for short) is a legal document that organized businesses provide to prospective

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Registering Your New York Nonprofit For Fundraising Purpopses

If your New York nonprofit is fundraising in New York, then you may likely need to register with the New York Attorney General’s office. Before soliciting contributions from individuals, foundations, corporations or government agencies within New York, a New York nonprofit must register with the NY Attorney General’s General Charities

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Terminating A Franchise Agreement In New York: NY Franchise Law Basics

The termination or cancellation of a New York franchise relationship requires planning, a thorough understanding of your particular New York franchise agreement and procedural formalities.  Typically, it is advisable to consult with your franchise lawyer. New York Franchise Terminations (Franchisee Considerations) For example, preparation should begin before signing a franchise agreement

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Starting a New York Restaurant? New York Restaurant Law

Starting a restaurant in New York involves significant consideration of New York state and local health and safety regulations.  Because restaurants and eateries are all about serving food, New York subjects restaurants to significant regulations regarding food health and safety. The New York State Department of Health has many regulations

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Factors to Consider When Forming a Corporation in New York

New York businesses are not bound to incorporate within the state to operate within New York State. In fact, start-up businesses in New York should consider incorporating outside of New York based on several factors for consideration. Some choose to keep things simple by incorporating or forming an LLC in

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Successor Liability Pitfalls in New York

When buying or selling a New York business or any of a business’s assets under NY law, potential successor liability of the buyer is of primary concern.  New York Successor Liability Law is complex and the following is, only, intended as a brief overview of the matter. Successor liability in

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U.S. Patents for New York businesses

The common types of U.S. patents that are available to innovative New York entrepreneurs seeking to protect their  intellectual property falls into three common categories based on the type of invention in question: design, utility and plant patents. Utility patents are chiefly concerned with how an invention functions.  A utility patent

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Foreign Nationals Can Work for Their Businesses in New York

If you are a foreign national living in New York, it is not impossible for you to start a business. Starting a business, in New York, does not, in most case, even require residing in New York or even having the legal ability to reside in New York. If you are

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New York Non-Compete & Confidentiality Agreements

Business in New York can be highly competitive, and relies, in part, upon a business’s ability to protect valuable information disclosed to current and past employees. Many NY companies feel that implementing non-compete agreements and other contractual obligations will encourage employee retention overall and protect information should an employee leave.

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