Proving a Breach of Fiduciary Duty Claim
- Jan 31 2018
Like many things in life, operating a business with another person, or many persons, is a risk. There is always the possibility that your business associates may act for their …
Like many things in life, operating a business with another person, or many persons, is a risk. There is always the possibility that your business associates may act for their …
Under Section 702 of New York’s Limited Liability Company Law (“LLCL”), a court sitting in the judicial district in which the office of the company is located may dissolve the …
What word that comes to mind when you hear the term “professional malpractice”? Medical? Legal? To be sure, doctors and lawyers are the more common professionals subject to malpractice claims. …
There is an old idiom that says: “the devil is in the details.” It generally means that although something may seem simple, the details are complicated and likely to cause …
Standing to sue derivatively requires stock ownership in the corporation at the time the lawsuit is filed and at the time of the wrongful occurrence. As noted in a recent …
In prior posts, this Blog has discussed the elements required to assert a shareholder’s derivative action. (Here.) Today’s article focuses on the standing requirements needed to commence such an action …
Many leases provide for a tenant’s option to purchase the subject real property. The recent case of Blackburn Food Corp., et. al. v. Ardi, Inc., et. al., (Sup. Ct. Suffolk …
If a contracting party intends for the obligations under a contract to be executed by a business entity, it is critical that the person executing the contract on behalf of …
Preliminary injunctions can be an important and potent weapon in business and commercial litigation. In New York, “[a] preliminary injunction may be granted … where it appears that the defendant …
Parties to commercial and business disputes frequently encounter and litigate the threshold question whether their dispute must be arbitrated rather than litigated in court. But, before this question can be …