NYC Business Litigation Lawyer

NYC Business Litigation Lawyer www.richman-law- rm.com

Litigation Lawyer NYC NYC Business Litigation Lawyer For most of the companies in New York City, litigation is somewhat inevitable.  Sooner or later you’ll face a lawsuit, or need to initiate one of your own. Richman Law Firm PLLC specializes in helping businesses navigate their legal matters. It’s very easy to end up in a breach-of-contract lawsuit, either as a plainti or as a defendant. Even contracts which appear very simple at rst can become complicated. Contracts tend to spark more business litigation than almost any other instrument. These could include buy/sell contracts, service agreements, employment contracts, non-disclosure agreements (NDA), and more. Our o ce is here to protect your interests.  Breach of contract suits do not merely determine whether a breach exists.  They also determine the damages the breach caused and the monies for which the damaged party is entitled. Commercial Litigation Law Firm www.richman-law- rm.com

NYC Business Litigation Lawyer Types Of Contract Breach The breach may be actual, which means the breach has already happened and the damage has already been caused, or anticipatory.  In an anticipatory breach, the other party issues a notice of intent which makes it clear the contract will not be honored. Either way, the next step is to determine whether the breach is minor, at which point it may not be worth pursuing, or whether it is material. A material breach will almost always result in some sort of nancial loss for your company.  Litigation can help you recover these damages or defend yourself against accusations that you have caused such damages. Remedies For Contract Breaches The simplest remedy is for the aggrieved party to receive the nancial bene t that would have been received had the breaching party upheld the obligations outlined by the contract. www.richman-law- rm.com

NYC Commercial Litigtion Lawyer But sometimes, there are indirect damages in addition to direct ones. Calculating the damages of the secondary consequences of the breach and convincing the court you are entitled to compensation for these losses takes a skilled problem solver and litigator with a rm grasp of the law. NYC Business Attorney Commercial Litigation In New York There are a wealth of issues over which a business may need to enter a litigation proceeding. They can include:  Allegations of a defective product or service which has caused harm or injury. D  isputes with partners, shareholders, and/or corporate o cers. A  llegations of breaches of duciary duties.  Employment lawsuits, in which employees claim they have been mistreated by your company. The public perception is that all corporations are nancially secure to the point where nobody is harmed by litigation.  In reality, poorly handled disputes such as these can put good people out of business. Protect your company with a lawyer who has keen negotiation skills, who isn’t afraid to ght it out in court, and who is ready to give your case the attention and research it deserves to help you secure the best possible outcome. Litigation Can Arise Faster Than You Might Realize.  www.richman-law- rm.com

Commercial Litigtion Lawyer NYC It’s important to have a relationship with a commercial litigation expert before you are embroiled in a legal matter. Keep in mind that for most New York City companies the question is not if you will become embroiled in a dispute, but when. You’re probably already shopping for insurance to help you manage your business risks. Choosing an attorney early is simply part of the same risk- mitigation process. Contact Richman Law Firm PLLC now to set up a consultation. What Is A Breach Of Fiduciary Duty? One of the most common causes of action as to business litigation claims is for a breach of  duciary duty claims. This can take some business owners by surprise. Owning a business often creates duciary duties to various parties, even if you are not an individual whose sole business purpose involves creating duciary relationships. www.richman-law- rm.com

NYC Real Estate Lawyer When you have a duciary duty to someone you have created a relationship which obligates you to act in that person’s best interests. It is a relationship of trust or con dence, and often constitutes a relationship where one party will exercise expertise in favor of the other. When does a breach occur? A breach occurs when all three of the following are true: T  he duciary committed some form of misconduct.  The misconduct has caused some form of damage. When is the relationship created? Some businesses create duciary duties to their clients by the very nature of their business relationship(s).  The attorney-client relationship is a duciary relationship, for example. www.richman-law- rm.com

Real Estate Lawyer NYC This relationship may also be created between business partners.  When the business is a corporation, the controlling shareholders will owe a duciary duty to the company and to the investors in that company. The nature of that relationship is changing. In the past, for example, corporate directors have been shielded by the “business judgement rule.”  This protects them from liability as long as they’ve acted in the corporation’s best interest.  This rule is still true, but recently  executive directors  signed agreements committing them to several more principles: www.richman-law- rm.com

NYC Real Estate Lawyer  That they would deliver value to customers. T  hat they would invest in employees.  That they would deal fairly and ethically with suppliers. T  hat they would support their communities. T  hat they would generate long-term value for their stockholders. For the moment these additional duties aren’t a matter of law for anyone other than the people who signed them. It will be interesting to see if, as these executives predict, the law will in fact move in the direction of demanding additional duties from corporations and their executives. Types of Duties The duciary relationship creates a list of sub-duties that are important  to be aware of. These begin with the  duty of care. This means that anyone who is in a position to make decisions for a company must use all material information reasonably available to them to make their decisions.   In other words, you can’t just “go with your gut.” You need to be able to demonstrate that you did your homework. Next, you owe a duty of loyalty. You can’t use your position of trust to serve your own needs and interests. A duty of good faith comes next. You’re required to advance the interests of your company without violating any laws. The next is a duty of con dentiality and prudence. You cannot disclose corporate secrets, nor engage in any kind of gross negligence which could harm your company. www.richman-law- rm.com

Real Estate Lawyer NYC Finally you have a duty to disclose any con icts of interest which could keep you from performing your duties to the best of your ability. Consult with a NYC Business Lawyer  You do not have to enter into any kind of an express duciary agreement to create a duciary relationship.  As a result, it’s a good idea to sit down with a business attorney before entering into any kind of major business relationship.  This will give you the chance to understand exactly what kinds of obligations you’ll be held to after entering the relationship, as well as what steps you can take to shield yourself from accusations of a breach. Understanding Comparative Negligence In A Personal Injury Case When you’ve been injured through someone else’s negligence you always have the right to bring a personal injury claim.  But that doesn’t mean the defendant’s actions will be the only ones to come under scrutiny. New York is a comparative negligence state, which means your own actions will also enter into the discussion. Here’s what you need to know about how your own negligence or lack thereof will impact your case. www.richman-law- rm.com

NYC Class Action Lawyer You Can Bring The Case Regardless Of Your Percentage Of Responsibility. which states: “In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.” www.richman-law- rm.com

Action Lawyer NYC In other words, your negligence isn’t even something that gets discussed until the jury is trying to determine the amount of money you will be awarded. You Can Still Move For A Summary Judgment On The Other Party’s Liability. Either the plainti or the defendant may ask for a summary judgement at any time. In a summary judgement motion, the moving party is asserting that the facts of the case or certain portions of the case are so clear, so obvious, that they don’t really require hours of courtroom time to determine those portions of the case. The ability to ask for a summary judgement saves the court a lot of time and money. It can also speed up your ability to recover funds. And, of course, it can strengthen your case each time the judge makes a summary judgement in your favor on the matter of any issue. In Rodriguez v. City of New York, the courts ruled that plainti does not bear the burden of establishing the absence of their own comparative negligence in order to obtain summary judgment. This is important, because establishing a defendant’s liability is very important to a personal injury matter. Likewise, as is determining the amount of the damages that should be awarded. If your attorney can obtain summary judgement on your behalf, then you’ve won half the battle before anyone sets foot into a courtroom. www.richman-law- rm.com

Litigation Lawyer NYC Percentages Determine Recovery. There are lots of ways to contribute to your own injury.  Perhaps you assumed a risk by taking certain actions.  Or you failed to look for a hazard before moving. Or you failed to take a safety precaution you should have taken, such as neglecting to wear a motorcycle helmet or seat belt. Richman Law Firm PLLC is led by Scott B. Richman an experienced litigation, trial, and appellate attorney.   Richman Law Firm PLLC provides legal services in the following practice areas: business/commercial litigation, personal injury litigation, real estate litigation, and class action cases. Richman Law Firm PLLC also provides consulting and counseling services on behalf of businesses, small and large, and also provides general civil and commercial defense services, whether it be defending individuals and corporations in court or assisting in providing services to individuals and corporations to assist in avoiding litigation. www.richman-law- rm.com

NYC Business Litigation Lawyer helps those in the business get cash from respondents in their claims. The plaintiff, for the most part, gives some financial settlement as remuneration for the misfortune and pain brought about by the litigant's activities. Address : 535 5th Ave 25th floor, New York, NY 10017 Call Now : (646) 854-3547 richman-law-firm.com