法律情報
How Does Business Valuation Work under New York Law?
The standard of value decides more than the methodology does. Fair value and fair market value are not the same thing, and the gap between them is often thirty to forty percent of the number.In a shareholder appraisal or an oppression proceeding under New York law, the standard is fair value — and minority discounts do not apply. The premise is that the shareholder is being bought out involuntarily, not selling into a market.For gift and estate purposes, the standard is fair market value, which contemplates a hypothetical willing buyer. Discounts for lack of control and lack of marketability apply, and they apply substantially. The same shares, valued on the same date, produce very different figures depending on which proceeding you are in.Matrimonial matters follow their own rules again. New York distinguishes enterprise goodwill from goodwill personal to the owner, and the treatment of a professional license changed by statute in 2016 — enhanced earning capacity is no longer marital property, though a spouse's contributions remain a distributive factor. Materials written before that change are still in circulation. And the valuation date is a legal question, not an accounting one. Appraisal looks to the moment before the transaction. Matrimonial cases may use different dates for different assets, somewhere between commencement and trial. Moving the date can move the outcome more than changing the method.
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How Should Corporations Manage Antitrust Matters to Avoid Risks?
Antitrust law constrains how corporations can compete, set prices, and deal with rivals, with enforcement mechanisms that can expose companies to civil liability, criminal penalties, and operational disruption. Federal antitrust statutes, primarily the Sherman Act and Clayton Act, prohibit anticompetitive conduct that harms consumer welfare or market function. Violations can trigger investigations by the Department of Justice, Federal Trade Commission, or state attorneys general, followed by civil litigation, consent decrees, or criminal prosecution of executives and the corporation itself. Understanding the legal standards and procedural pathways is critical for corporate counsel seeking to assess risk and structure compliance frameworks.
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How to Choose a Top Criminal Law Firm for Your Case
Selecting the right criminal defense counsel can determine whether your rights are meaningfully protected throughout investigation, charging, trial, and post-conviction proceedings. When facing criminal allegations, victims and accused persons alike must understand what separates competent representation from inadequate counsel. The distinction lies not in flashy marketing but in how thoroughly an attorney investigates the prosecution's evidence, identifies procedural vulnerabilities, and preserves your record for appeal. A top criminal law firm combines deep knowledge of local court practices, rigorous fact investigation, and strategic foresight about how early decisions affect later leverage and outcomes.
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How a Real Estate Lawyer Near Me Handles Defense
Residential tenants in New York operate within a framework of statutory protections that govern housing conditions, lease enforcement, and eviction procedures, and understanding these rights is critical when disputes arise. New York law imposes specific obligations on landlords regarding habitability, maintenance, and notice requirements before lease termination. Tenants have the right to challenge eviction proceedings through court defenses, request repairs through administrative channels, and seek damages for breaches of the implied warranty of habitability. When facing housing disputes, knowing which legal tools apply to your situation and the procedural timeline involved can significantly affect the outcome of your case.
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Traffic Lawyer Manhattan Defense: Protecting Your Driving Record and License
A Traffic Lawyer Manhattan defense provides legal representation to challenge traffic citations, lower violation points, and protect driving privileges under New York law. Facing a traffic violation summons in Manhattan often leads to severe penalties under New York Vehicle and Traffic Law (VTL), including costly fines, mandatory state surcharges, driver responsibility assessment fees, and potential driver license suspension. Experienced legal counsel at SJKP evaluates police citations, handles court procedures, and negotiates with prosecutors to protect client driving records and commercial driving privileges.
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How New York Divorce Laws Shape Every Stage of Your Case
Some parts of a New York divorce are calculated. Others are argued. Knowing which is which tells you where your case actually is. Support runs on formulas. Child support and maintenance are both computed by statute up to an income cap, and they interlock — maintenance is calculated first and deducted from income before child support is figured on what remains. Above the cap, discretion returns. Property is not. Equitable distribution does not mean equal. A court weighs statutory factors, and marital fault is generally not among them. What matters is what was earned during the marriage, what was brought into it, and what happened to marital assets along the way. Custody has no formula at all. The standard is the child's best interests, applied to facts that differ in every case. And no-fault did not make divorce faster. Since 2010 either spouse can state the marriage is irretrievably broken, but the judgment cannot be entered until property, support, and custody are resolved. Contested cases take as long as the hardest issue in them.
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