New York Business Litigation Legal Questions

Greetings: It appears you would like to know how to avoid costs and fees when found in contempt.  In New York, costs and fees are generally awarded to the moving party when there is a finding of contempt.  Accordingly, to avoid such an award, the best strategy is to avoid the finding in the first place.  If that opportunity has been missed, then the next strategy is to demonstrate compliance with the contempt order (i.e. purge the contempt).  Compliance must be clear and convincing.  There generally are no other opportunities to avoid costs and fees.  In short, do not ignore a subpoena and if it happens, contact a good New York lawyer to assist you in minimizing any subsequent problems that arise.... Read More

Sir or Madam - The subpoena seeking documents and/or deposition testimony, with which you've been served, is almost certainly "legitimate," in the sense that it relates to a pending lawsuit and is not a prank.  See generally my recent article entitled "What Should My Company In Manhattan Do When It Receives A Subpoena Demanding Documents?" < https://www.davidrichlaw.com/what-should-my-company-in-manhattan-do-when-it-receives-a-subpoena-demanding-documents/ >  No one would pay you a witness fee just to play a joke on you.  The relevant questions are: Do you have good grounds to move to quash (invalidate) the subpoena? If not, ought you retain a New York City Business Litigation Attorney to prepare you for, and to defend you at your deposition?  (If, among other independent circumstances, any documents you produce and/or your deposition testimony may give rise to a claim against you or may jeopardize your employment or any professional license you may hold, then the answer is almost certainly "yes.") Today, you should call an adept New York City Business Litigation Lawyer and schedule an inbtial consultation about your matter.... Read More

Greetings.  It appears you would like to know what to do if you have learned that you are a named defendant in a lawsuit, but have not yet been served with that lawsuit.  When a person knows, at any time, that they may be a named defendant in a lawsuit, they should immediately contact a good New York lawyer.  Why immediately?  Because the lawyer will be able to determine the seriousness of the lawsuit and properly plan and guide the client with next steps.  These may be to preserve information, memorialize witness statements, pre-emptively file certain documents, etc.  The lawyer will also be able to determine certain deadlines and ensure the client does not miss them.  It is unadvisable to take an ostrich in the sand approach when you know you are a named defendant.  Please contact a good New York lawyer as soon as possible.... Read More

It is not a definite loser but it is an uphill climb.  First, if the operating agreement provides that any amendment must be in writing, and the side agreement relates to it, that may be a fatal fact.  Second, although an oral agreement is enforced, the presence of a draft looks like that it was intended to be reduced to writing, which means the oral part is not enforceable.  Obviously if you do nothing you get nothing, so maybe there is enough here to get a settlement.... Read More

You can always switch lawyers.  Lawyers get hired and fired all the time.  If the new lawyer feels that he/she cannot pick up the case, they won't take the job.  If they take the job, your only risk is having to pay the new lawyer to get up to speed which naturally repeats work done by the old lawyer.... Read More

You can be sued in a state if you have sufficient contact with that state to make it constitutionally permissible for that state to exercise jurisdiction over you.  The amount of contacts necessary is much less if the claim arises out of those contacts.  Thus, for example, the fact that you advertise in Ohio may not be sufficient to give Ohio jurisdiction over you in general, but if the claim relates to something arising out of that Ohio advertisement (for example, if someone sues you for fraud growing out of representations in that ad) Ohio probably would have jurisdiction over you.  If the claim is that you sold infringing products in Ohio, that will probably be enough to give Ohio jurisdiction over you.  There is no way to even estimate how much it will cost you to defend the suit, at least not without much more information.... Read More

If they refused to accept a return contrary to what they represented to you online, that would be a breach of contract.  I would look at the "small print" of what is represented online, however, to make sure.  For example, does it limit that policy to only certain goods or outlets?  Does it say something like "these policies in effect only at participating locations", or something similar?  Does it say something to the effect of "these policies subject to change at any time?"... Read More

Yes.  The arbitration company wants to be paid and won't perform its arbitration services if it isn't paid.  It doesn't care from whom.  If you lose, you might challenge the award on the basis of bias, i.e. that the arbitrators were biased in favor of the respondent because the respondent paid all of the fees, but I doubt that argument would succeed, especially since you could have avoided any such bias by paying the fees you owed.... Read More