المعلومات القانونية
Find an International Acquisition Contract Terms and Tax Attorney
In a cross-border acquisition, three gates are worth settling before the definitive agreement is drafted. Regulatory clearance. A foreign buyer acquiring a US business may face a mandatory CFIUS filing, due at least 30 days before closing, and separately may need export control authorization where the target holds controlled technology. Both are conditions precedent, not post-closing items. Withholding. Where the seller is a foreign person and the target is a United States real property holding corporation, or the assets include US real property, FIRPTA requires the buyer to withhold 15 percent of the gross purchase price under § 1445 — and a buyer that does not withhold becomes liable for the tax itself. A non-foreign affidavit from the seller under § 1445(b)(2) relieves that obligation, which is why it belongs in the closing deliverables rather than in later tax work. Enforceability. A New York governing law and forum clause is given effect by General Obligations Law §§ 5-1401 and 5-1402 for transactions of $250,000 or more, but a New York judgment still has to be enforced where the seller's assets are. Where those assets sit in a jurisdiction that does not readily recognize US judgments, an arbitration clause under the New York Convention is usually the more reliable choice, and that decision cannot be made after a dispute arises.
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Accounting Litigation in New York: 3 Critical Liability Risks Every Accountant Must Know
Accounting litigation in New York exposes professionals to negligence, fraud, and criminal liability. When an accountant fails to meet the standard of care, clients may bring claims for malpractice, breach of duty, or fraudulent misrepresentation. Three distinct accounting litigation risks determine whether a case involves civil negligence, intentional fraud, or criminal conduct, and each carries separate legal thresholds, defenses, and potential exposure.
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How Does Drug Testing Evidence Admissibility Shape Your Sentencing?
Drug testing evidence admissibility can make or break your sentencing outcome. Learn how courts assess test reliability, chain of custody, and procedural errors to determine penalty severity. Yes, the admissibility of drug testing evidence directly affects how long a sentence may be. I have seen cases where a single chain-of-custody gap transformed what looked like an open-and-shut prosecution into a serious evidentiary dispute, ultimately lowering the sentence. Drug testing evidence is not just a scientific matter; it is a legal one, and courts in New York scrutinize every link in the chain, from collection to laboratory analysis, before assigning it weight at sentencing. Understanding which testing methods carry judicial authority, and where procedural errors create openings, is the first step toward building a credible defense.
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When Can You Sue for Defamation in New York?
A false statement that harms your reputation may entitle you to sue, but New York defamation law sets specific standards you must first meet. Whether the harm came from a printed article, an online post, or a lie told to your clients, the law distinguishes between libel and slander, applies different rules for public figures and private individuals, and requires proof of real harm. New York's expanded anti-SLAPP law adds another layer: suing over speech on a matter of public interest can raise the bar of proof and, if the claim fails, expose you to the other side's legal fees — which makes careful case evaluation essential before filing. This page explains what qualifies as defamation, what a plaintiff must prove and how our attorneys build that proof, and what to do — quickly, given New York's one-year deadline — if you were targeted.
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What Is Loft Law and Title Transfer Documents?
New York Loft Law: Essential tenant protections, mandatory documentation standards, and formal recording procedures.The New York Loft Law provides essential protections for residential loft tenants, particularly regarding property ownership and title transfer documentation. Understanding the requirements for title transfer documents is critical for both landlords and tenants navigating this complex regulatory framework. This guide explains the legal requirements, procedural steps, and documentation necessary to ensure compliant title transfers under New York Loft Law.
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Industrial Accident Insurance Rights and Key Strategies
Industrial accident insurance in New York protects you through comprehensive medical coverage, reliable wage replacement benefits, and strategic legal support for navigating claims and disputes.Industrial accident insurance provides essential protection for workers and employers in New York by covering medical expenses, lost wages, and rehabilitation costs resulting from workplace injuries. This form of workers' compensation insurance ensures that employees receive necessary benefits when accidents occur during employment, while protecting employers from significant financial liability. Understanding industrial accident insurance requirements and coverage options is crucial for both business owners and employees to ensure adequate protection under New York law.
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