Over the past few weeks, this Blog has explored the advantages and disadvantages of forming a limited liability company (“LLC”), as well as the fiduciary obligations of non-managing members in …
Last month this blog wrote about the Securities and Exchange Commission’s list of exam priorities for 2017 here. Included in that list was a focus on registered representatives and employers …
Last month, this Blog wrote about McGowan v. Clarion Partners, LLC, a decision involving the enforceability of a transaction term sheet. In McGowan, Justice Scarpulla of the New York County, …
On the same day that he signed a directive ordering a review of the Labor Department’s fiduciary rule (discussed here), President Trump signed an executive order directing the Treasury Secretary …
The enforceability of a covenant not to compete is an issue that commercial and business lawyers often consider in their practice. Sometimes, the issue arises when an employee leaves a …
Parties to commercial/business transactions are no doubt familiar with “term sheets”, “letters of intent”, “memoranda of understanding” and “agreements in principle”. As the parties to these documents know, they outline …
What is a forum selection clause? Corporations and other business entities are all too familiar with them. In its simplest form, a forum selection clause is a provision in a …
A breach of contract comes in two primary varieties: a material breach and a minor breach. The former is substantial, goes to the very heart of the agreement and prevents …
Business owners hate litigation. In fact, there are few things they hate more. Litigation damages relationships, tarnishes reputations, and interferes with business operations. Even small claims divert time, money and …
Your client comes to you with a complaint that was recently served on him. Among other claims, the plaintiff contends that your client breached his agreement to sell widgets. After …
