Información legal
Understanding Corporate Registration: State Requirements and Federal Compliance
Forming a new entity in New York requires compliance with state filing mandates and federal tax rules. Businesses must register formation documents with the Secretary of State and obtain an Employer Identification Number from the IRS when required. Missing governance requirements or reporting deadlines can jeopardize liability protection and result in penalties.
Leer más
Consulting Agreement in New York: Key Terms and Legal Requirements
A consulting agreement in New York sets out the scope of services, compensation, ownership of work product, and the other terms governing an independent consulting relationship. Classification turns on how the parties actually work together, not on what the agreement calls the consultant. New York applies different tests for different purposes — unemployment insurance, workers' compensation, and wage claims — and in construction and commercial goods transportation, statute presumes employee status unless specific criteria are met. Since August 28, 2024, New York's Freelance Isn't Free Act (General Business Law Article 44-A) has required a written contract for engagements worth $800 or more, counting agreements with the same hiring party over the preceding 120 days together. The contract must state the parties' names and mailing addresses, an itemized account of the services, the rate and method of compensation, the payment due date, and the date by which the freelancer must submit the record of services. Where no due date is stated, payment falls due within 30 days of completion. Hiring parties must keep the contract for six years. Licensed attorneys, licensed medical professionals, construction contractors, and sales representatives under Labor Law § 191-a are outside the Act. New York City's own ordinance continues to apply to work performed in the City. Ownership of work product deserves separate attention. Consulting deliverables rarely fall within the nine categories that permit work-made-for-hire treatment under federal copyright law, so absent an express assignment the consultant retains copyright in what was produced. Termination rights and dispute resolution should likewise be drafted for the engagement rather than carried over from a template.
Leer más
Corporate Crime Defense Strategies and Legal Risk Management
Corporate crime investigations by federal agencies demand immediate legal defense, strict compliance, and risk mitigation. In New York, companies face aggressive DOJ prosecution, severe criminal penalties, and regulatory scrutiny. Strategic compliance programs and early intervention safeguard corporate assets and reputation.
Leer más
Agent Agreement Rights: Enforcement Strategies and Legal Remedies
Agency AgreementsThe agreement is not where your strongest remedy lives.An agent owes fiduciary duties that arise from the relationship itself, whatever the contract says. That matters because the remedies differ. Breach of contract gets you damages you must prove. Breach of fiduciary duty can get you disgorgement, a constructive trust, and — under New York's faithless servant doctrine — forfeiture of everything the agent was paid during the period of disloyalty, whether or not you can show a dollar of loss. Most disputes also run the other direction than principals expect. The claim is usually brought by a third party who dealt with your agent, and apparent authority survives the revocation of actual authority until that third party is told. Terminating an agent is a notice problem before it is a contract problem.Where commissions are at issue, New York statute may supply remedies the agreement cannot limit.
Leer más
Legal Procedures and Solutions for Supply and Delivery Contract Disputes
Three Key Supply and Delivery Contract Points From Lawyer Attorney: Written terms control performance, breach remedies include damages and specific performance, and New York UCC governs most commercial transactions.Supply and delivery contracts form the backbone of commerce. When performance fails, disputes over payment, timeliness, quality, or quantity can escalate quickly. Understanding the legal framework that governs these arrangements and knowing when to seek counsel can mean the difference between a manageable dispute and costly litigation. This article examines the core legal procedures and solutions available when a supply or delivery contract goes wrong.
Leer más
How Does a Product Liability Lawsuit Work in New York?
A product liability lawsuit in New York allows injured consumers to seek financial compensation for harm caused by defective items.Under New York law, product liability claims may be based on strict liability, negligence, or breach of warranty, depending on the facts of the case. Plaintiffs generally must prove that the product contained a legally recognized defect, that the defect caused the injury, and that they suffered compensable damages. Action must be taken within statutory filing deadlines in state or federal courts.
Leer más
