In New York, commercial and residential tenant rights can vary. One such area involves a commercial tenant’s ability to seek a temporary injunction preventing a landlord from terminating the lease. To obtain a Yellowstone injunction, as it is known, tenants must meet four criteria. While the criteria may seem straightforward, a recent decision of the … Read more
The rapid growth of new technologies like artificial intelligence has raised significant issues for entertainers and celebrities. Many contracts have recently been expanded to contain provisions related to the creation and use of digital replicas. Typically, these clauses allow a party to digitally reproduce and use an individual’s voice, appearance and demeanor, including developing an … Read more
The latest development in a lawsuit against Visa, Mastercard and other major credit card issuers regarding their credit card fees involves Staples. In May of 2024, we reported that the Court of Appeals for the Second Circuit approved a $5.5 billion settlement in the case of In re Payment Card Interchange Fee and Merchant Discount … Read more
A valid will is essential to ensure that your assets pass to the person you want if you die. However, other laws and legal documents may get in the way of that as demonstrated in a recent decision of the New York State Court of Appeals. The case involved a live-in partner of the decedent … Read more
In any lawsuit alleging negligence, an important element of the claim is to show that the defendant did or should have reasonably foreseen the harm that resulted from their conduct. If the harm wasn’t foreseeable, then the defendant cannot be liable for damages. A question that arose in a recent New York case was who … Read more
Generally, one party is not liable for the debts of another absent a written guaranty or agreement assuming responsibility. This is often a saving grace in estate matters where a spouse dies with significant debts and no assets to meet these obligations. However, there is an important exception that applies specifically to spouses known as … Read more
On January 1, 2024, the federal Corporate Transparency Act (“the CTA”) went into effect mandating that “reporting companies,” which include most corporations and limited liability companies disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). The law was challenged in multiple jurisdictions and found unconstitutional by one court in early 2024. Most recently, … Read more
Complex business transactions often require multiple agreements to address different parts of the transaction. As an example, the package of documents for the sale of a small business could include a contract of sale; agreements containing confidentiality provisions and restrictive covenants; an agreement for post-closing transition services to be provided by the seller; and/or an … Read more
Most people think that for a sale of real property to be valid and enforceable, there needs to be a formal contract of sale. While this is generally true, the courts in New York have long held that so long as any written instrument includes sufficient material terms, the agreement will be enforceable. What constitutes … Read more
Generally, someone who isn’t a party to a contract cannot sue to enforce the contract. However, there are exceptions. In a recent decision, the New York Appellate Division Second Department addressed this situation, finding that the plaintiff’s claim for breach of contract and unjust enrichment could move forward, despite the fact the plaintiff never became … Read more
In New York, commercial and residential tenant rights can vary. One such area involves a commercial tenant’s ability to seek a temporary injunction preventing a landlord from terminating the lease. To obtain a Yellowstone injunction, as it is known, tenants must meet four criteria. While the criteria may seem straightforward, a recent decision of the … Read more
The rapid growth of new technologies like artificial intelligence has raised significant issues for entertainers and celebrities. Many contracts have recently been expanded to contain provisions related to the creation and use of digital replicas. Typically, these clauses allow a party to digitally reproduce and use an individual’s voice, appearance and demeanor, including developing an … Read more
The latest development in a lawsuit against Visa, Mastercard and other major credit card issuers regarding their credit card fees involves Staples. In May of 2024, we reported that the Court of Appeals for the Second Circuit approved a $5.5 billion settlement in the case of In re Payment Card Interchange Fee and Merchant Discount … Read more
A valid will is essential to ensure that your assets pass to the person you want if you die. However, other laws and legal documents may get in the way of that as demonstrated in a recent decision of the New York State Court of Appeals. The case involved a live-in partner of the decedent … Read more
In any lawsuit alleging negligence, an important element of the claim is to show that the defendant did or should have reasonably foreseen the harm that resulted from their conduct. If the harm wasn’t foreseeable, then the defendant cannot be liable for damages. A question that arose in a recent New York case was who … Read more
Generally, one party is not liable for the debts of another absent a written guaranty or agreement assuming responsibility. This is often a saving grace in estate matters where a spouse dies with significant debts and no assets to meet these obligations. However, there is an important exception that applies specifically to spouses known as … Read more
On January 1, 2024, the federal Corporate Transparency Act (“the CTA”) went into effect mandating that “reporting companies,” which include most corporations and limited liability companies disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). The law was challenged in multiple jurisdictions and found unconstitutional by one court in early 2024. Most recently, … Read more
Complex business transactions often require multiple agreements to address different parts of the transaction. As an example, the package of documents for the sale of a small business could include a contract of sale; agreements containing confidentiality provisions and restrictive covenants; an agreement for post-closing transition services to be provided by the seller; and/or an … Read more
Most people think that for a sale of real property to be valid and enforceable, there needs to be a formal contract of sale. While this is generally true, the courts in New York have long held that so long as any written instrument includes sufficient material terms, the agreement will be enforceable. What constitutes … Read more
Generally, someone who isn’t a party to a contract cannot sue to enforce the contract. However, there are exceptions. In a recent decision, the New York Appellate Division Second Department addressed this situation, finding that the plaintiff’s claim for breach of contract and unjust enrichment could move forward, despite the fact the plaintiff never became … Read more