New York Business Court Requires Mediation
Formed in the 1990s, the Commercial Division of the New York Supreme Court is a part of the New York state court... Read More
What You Need to Know About Operating Agreements for Pass-Through Entities
The Trump Administration’s proposed tax bill, which features a 25% tax on pass-through income, has called public attention to pass-through entities. Limited... Read More
Getting a Loan for an LLC: Pledging a Membership Interest
Today, businesses are increasingly choosing to be organized as limited liability companies (LLCs). Consequently, business lenders often require, before granting a loan,... Read More
How Your Business Structure Can Affect Your Taxes: LLCs and S-Corps
In a previous blog post, we noted that limited liability companies and S-corporations possess two important similarities: (1) they are “pass through”... Read More
The Interplay Between Federal and New York State Law Regarding Business Matters
A recent decision from the Supreme Court, Appellate Division, Second Department, demonstrates the interplay between Federal and New York State law regarding business... Read More
Appellate Division Determines that Chapter of Not-for-Profit Corporation, Seeking to be Declared a Separate Entity, has Standing and Capacity to Sue the Not-for-Profit Corporation
By Lewis Tesser and Timothy Nolen A recent decision from the Appellate Division, Third Department, demonstrates a fundamental issue in any litigation:... Read More
District Court Refuses to Issue Preliminary Injunction Blocking Merger of Two Greek Shipping Companies
By Lewis Tesser and Timothy Nolen A recent opinion from the District Court for the Southern District of New York demonstrates the... Read More
Supreme Court Allows Cause of Action Concerning Oral Sales Contract to Proceed
A recent decision from the Supreme Court, New York County, demonstrates how courts can handle oral contracts between business people. The case... Read More
Southern District Dismisses Securities Fraud Suit for Insufficient Pleadings
A recent decision from the United States District Court for the Southern District of New York demonstrates the strict pleading requirements for... Read More
Federal District Court finds that Agency’s Denial of Disadvantaged Business Enterprise Certification was not Arbitrary and Capricious
Certification as a Disadvantaged, Women, or Minority-Owned Business Enterprise can have a substantial impact on a business’ operations and bottom-line. A recent... Read More