For business owners, if one is successful, commercial disputes and litigation are just a fact of life. At some point, a commercial dispute will happen, and depending on how it is handled, it could lead to litigation. Though, what some business owners may not realize...
Commercial Disputes
What is a fidelity bond and why might it cause litigation?
The term fidelity bond often refers to a type of insurance policy that many companies will carry. The term can also refer to a type of surety bond. No matter how one uses the term, companies that carry fidelity bonds are often in lines of business that require a...
How may a company considering bankruptcy avoid a creditors’ vote?
As a creditor, you or your organization may receive a request from a troubled business to consider a change to a prior contractual arrangement. If a business can show it has an ability to recover, it may ask that you consider its request as an alternative to filing...
Franchise agreements and the possibility of uncertain terms
Franchise agreements typically contain provisions business owners must follow to maintain consistency with the corporation's brand. Terms may outline how a company requires franchisees to uphold its operating strategy and sell products or services. Contracts include...
What are some benefits of filing a shareholder dispute?
If you experience a financial loss because of a company's breach of duty to its shareholders, you may file a legal action. Whether you own shares in a private or publicly traded enterprise, the outcome may result in a company changing its directors, management or...
What are the considerations for breach of contract?
A breach of contract involves one of the parties to the agreement doing something to break the terms. To prove a breach of contract, you must have proof that a breach exists. According to the University of New Mexico, to win a breach of contract case, you must prove...
Determining the party responsible for construction defects
New York construction contracts are often the centerpiece of a project. If something goes wrong despite precautions, you may experience a significant financial loss. Negligent construction, engineering problems and defective materials can put your real estate project...
Detailing the principle of termination for convenience
When your company enters into a contract with a new business partner in New York, you likely feel a great sense of security due to the assumption that your agreement will remain intact provided you fulfill your terms of the agreement. Yet is that assumption correct?...
Mediation vs arbitration in commercial disputes
When there is a disagreement regarding a contract breach, employment, shareholder issues or insurance claims, some may think that going to court is the only option. However, alternative dispute resolutions have gained in popularity over the years, although many...
The factors involved in land use and zoning
If you are a New York land developer with plans for a particular parcel of land, conforming to zoning and land use regulations is critical for project approval. Proposals that do not meet the requirements and restrictions for the zone or fit the vision of long-term...