New York Business Legal Questions

You may indeed have a case against the "fraudulent" buyer, but there may be a limited on the amount of damages you can recover because it was not reasonably foreseeable to him that his one small invalid claim would destroy your entire business. You need to consult with an attorney about this.... Read More

There are a number of questions raised by your inquiry, and unfortunately your inquiry does not lend itself to a definitive answer. The first question is exactly what is the "promise" of the former employer, and to what extent has that "promise" been assumed by the buyer (i.e., current owner). It is difficult to understand what was promised and whether what you may have received under the original employer may actually have exceeded that employer's duty. The question, and perhaps the more important one, is to what extent, if at all, employees who are not active are allowed to be covered under the group insurance plan in place. It sounds as if inactive employees are excluded from coverage. If that is the case, then your employer cannot cover you under the plan, even if it wants to do so. You should consult with an employment-law attorney regarding this inquiry. It is likely that this matter does not have a happy ending.... Read More

They will have a hard time proving they actually lost $150,000 or persuading a judge that he should try and make you pay that.  They will also have a little difficulty finding you.  You did the right thing by deleting their images as soon as you knew there was a problem. This helps mitigate the problem and limit alleged future losses.  I would change your email and next time make sure you use images that are properly licensed.  ... Read More

You don't have to establish it as an official business entity but it is probably a good idea because it will shield you from personal liability. Not a tax attorney but if you run the business so that you sweep out any income as salary by year end the business itself should not have any taxes. Also, partnerships, like LLCs and Subchapter S Corps, are "pass-through"  entities that don't pay taxes, their owners do. We can help you get a federal tax ID number, it's easy. Don't know the "accreditation" rules  off-hand. What is the nature of the course you plan to teach?  For example, a traffic school would obviously need state accreditation. You do not need to be a NYC resident. I would not use a PO Box. I would use your actual address or your counsel's address.   Hope these answers were helpful to you and we can do the work for you for a flat fee if you would like some help.  ... Read More

New York courts will generally not enforce a non-competition agreement that prevents an employee from engaging in his or her accustomed profession. Your daughter should consult with an attorney regarding the particular obligation she undertook and possible claims and defenses under the contract. ... Read More

As a general matter, a seizure order is valid as long as it is "reasonable." If property is in your possession or under your control, even if it is located in a segregated area of a residence, a seizure warrant addressed to the residence would probably permit the seizure of that property. The burden would then shift to the corporate owner of the separate property to show that the property was "theirs," your "yours," in order to recover it.... Read More

We represent authors in negotiations and litigation with publishers. As a general matter, when you contract with a vanity press, you may do as you please, provided that you comply with any express restrictions contained in your publishing agreement. Without looking at the agreement, it is not possible to determine whether and on what terms you may simply go elsewhere. In my experience, the difficulties you are having are endemic to vanity presses across the board and are unlikely to change meaningfully if you change publishers. If you'd like to discuss the situation, feel free to give my office a call.... Read More

You can use a name that is different if you register it as a "d/b/a" name with New York State.  You are restricted in the use of your name.  But, it the Secretary of State will take the name, then you can use it.  A lawyer can help you with these issues, which are not complicated.... Read More

The doctrine of unclean hands is a defense that a plaintiff is so involved in bad conduct relating to the claim that the plaintiff should not recover.  It is a litigation issue.  As an equitable defense, a court can apply it any way it wants.  However, your post has neither a claim or a lawsuit mentioned.  Therefore, it makes no sense.... Read More

This is a classic law school hypothetical. It tests the general proposition that an employer is liable for the tortious acts of its employees when those acts are committed in the course and furtherance of the employee's job. There is an exception to this rule that the employer is not responsible for employees' acts that constitute a "frolic and detour." Actual results may vary under state law. The employer in this case will argue that it was not within the course and furtherance of the employee's job to steal. However, in this case, only the "stealing" part of the employee's actions was outside of his job duties; driving and delivering raw material apparently was within his duties. In order to place the burden of this accident on the right party, a court could allow the injured pedestrian a recovery against the employer. Again, state law governs, and your mileage may vary.... Read More