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Vimeo, an internet service provider that allows users to upload audio and video content, is not liable for copyright infringement in New York after the Second Circuit Court of Appeals reversed a Manhattan Federal Court decision. By reversing and remanding the decision of a Manhattan Federal Court, the Second Circuit
Many New York small businesses are turning to arbitration to solve disputes for a variety of reasons. Arbitration is an out-of-court proceeding where parties contract to have a third party neutral, called an arbitrator, hear evidence and then make a decision. Often, parties to a contract agree to arbitration when they
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
New York state lawmakers are debating legislation that would give motorists insurance coverage to transport passengers booking trips on ridesharing companies around New York state. Uber and Lyft, both of whom have seen great success in New York City, have been lobbying Albany to expand their services into upstate New
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
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
Commencing litigation, in New York City, against a private entity is an undertaking, but suing the New York City government in New York starts with a big time crunch. In New York, if you are suing any state or local government municipality or authority, you have, in most cases, 90
When negotiating your contracts, normally, you should stay away from subjective phrases or you may be leaving yourself open to a court’s interpretation. Subjective phrases are those that are shaded by feelings, experiences and depend upon one’s individual point of view. More often than not, they are loosely-defined words and phrases
Every NY business keeps confidential information that it must protect from three common occurrences in the course of operations: Accidental Disclosure The most common way a NY business will lose protection of confidential information is through accidental disclosure. This is most likely because NY businesses fail to outline to employees,
New York has a broad definition of a franchise, thus, leading to a broad range of mere “licensing” and “agent/distributor” relationships as franchises. Any business organization that is deemed or may be deemed a franchise by the State of New York should, immediately, retain a New York-based franchise attorney with
With news that Gawker is filing for Chapter 11 bankruptcy protection after losing a $140 million dollar judgment to Hulk Hogan for defamation, now is a good time to introduce New York businesses to what a Chapter 11 bankruptcy is, and how it may save your NY business. Chapter 11
We are presently working on a case where a New York law firm obtained a judgement against a Korean debtor in a New York court and the attorney in New York failed to serve the defendant under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil
All businesses, including New York businesses, must take steps to protect their trademarks, brands and other IP. Our international lawyers work throughout Asia and North America and have seen too many issues because of not implementing an IP Protection Strategy, not registering IP, not understanding the domestic value of IP
If you and your spouse have decided to amicably part ways, you may simply want to consider filing for a New York uncontested divorce. An article on the uncontested divorce procedure, in New York, can be found at: Grounds for Divorce in New York State Courts. An attorney is needed,
The Jacob Javits Convention Center had a great expo – NY Small Business Expo. Whether your business is in the startup phase or is long-established, the Small Business Expo is a one-day free exhibition that features many exhibitors with a diverse range of resources. The Expo is nation’s largest business-to-business
When two of the largest commercial fantasy sports gaming companies, FanDuel and DraftKings, were sued by the State of New York and subsequently agreed to voluntarily stop taking money from New York participants, the companies did so with the understanding that lawmakers in Albany would pass legislation on the issue
AirBnB may be an answer to homeowners and property owners looking to supplement income, but if you are a New York City landlord of a rent-controlled property – beware! Your tenants may be breaking the law! For the uninitiated, AirBnB is an online marketplace where prospective guests look for a bed
Recently, we wrote about the two main tools available to small businesses to stir interest in and investment in your business – the business plan and the private placement memorandum. While this blog is, mainly, for New York businesses, the following article can apply to business throughout the world. A
When all is said and done, we are only as good as our word. It is the one thing we have control over in a world that seems irreparably out of control. Our words and action in furtherance of our word create our reputation. In court, when an attorney agrees to
(Editor’s Note – This introductory article is the first in a series of blog posts that will explore how small businesses in New York can look to grow through outside investment. While these articles are instructive in nature, we always urge that you consult an attorney before making any decisions!
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