We have been assisting countless clients with business and commercial agreements. Our clients are very satisfied, and they often come back to settle more legal needs. We have attorneys that are knowledgeable and experienced, which allows them to convince people out of disputes and unnecessary litigation, for it can be a time-consuming and costly process, this helps clients prevent unnecessary costs in the long run.
More often, it is hard to understand the significance of crafting legally high-quality documents until something wrong occurs. We know this and we are committed to drafting accurate business documents. This can provide clients the opportunity to save significant time and money in the future. Our attorneys have an efficient practical experience in the transactional as well as litigation background.
We assist businesses seeking a variety of business transactional documents and law agreements, such as:
Commercial property leases
Nondisclosure agreement (to secure your personal information)
Partnership and LLC agreements
Business dissolutions (shareholder or Partner separations, liabilities, asset division personal guarantees, and indemnifications).
If you require a commercial or business agreement it is recommended that you reach out for an NYC commercial litigation lawyer now in order to fully protect your interests.
Can a New York City commercial litigation attorney assist you with your business law needs?
An attorney will illustrate how you could be affected by state and federal business laws. We can secure your interests and rights throughout your business transaction in order for you to receive the finest deal at present and in the future. We draft our services to accurately accommodate our clients. Recourses and energy can be spent on an extended litigation rather than your business, and we cannot let that happen. We negotiate effectively and assist our clients in making the best decisions to settle business disputes successfully. Contact us and one of our lawyers will be happy to assist you in the commercial or business agreement process. Our clients’ interests will always be our main priority.
New York City Litigation Attorney
Starting a new business is very challenging and thrilling at the same time. Accompanied with excitement there is too much anxiety; fear of the unknown future which mainly concerns the economy, and the viability of the new business. Starting a new business makes you wonder about a lot of questions, such as; how to effectively start this new business, and how to make accountable and accurate business decisions, and on the other hand safeguarding your financial security.
A litigation lawyer can wisely advise you concerning every step of your business start-up. We can offer you the legal services you need, as we are very dedicated to assisting our clients to start a solid business base by providing efficient business tools and providing the best legal security and support.
A new business idea that your mind came up with, and you don’t know how to start it. Our office will do put all efforts to help you accomplish your business goals and secure your legal interests.
We provide our business start-ups clients with services, such as:
A New York City litigation lawyer will be happy to assist you
We will assist you, and properly draft your business strategy. We will also make sure that all parties involved are safely secured in the partnership termination case, commercial lease changes and constraints, or any blurry events. Our lawyers are reputed for accomplishing the best results by providing personalized and accurate services. Hire an attorney who has a relentless need to protect your rights, secure you from personal liability, and guide your business along the way to success.
Answers given by a New York City Litigation attorney
We offer our clients a personal relationship, at the same time we use our experience to aggressively fight for their needs. When we accept and carry on a commercial litigation case, we thoroughly review all aspects of the case to guarantee that we can issue a successful representation for our clients. Commercial litigationcan certainly be a perplexing and complex process; we have selected the frequently asked questions to answer. If you have further questions, please contact us, and we will assist you.
What is commercial litigation?
Oftentimes, the correct definition of what commercial litigation mirrors is blurry. This kind of litigation involves a large area of law. Commercial litigation settles any type of disputes within the setting of the business, as well as resolving disputes in professional or commercial relationships. Numerous types of civil cases can be settled through this litigation on both the federal and state level.
What causes a breach of contract?
A breach of contract appears when a party fails to hold his end of a contract, without having a legal excuse. It is a breach of an individual’s duty that is drafted in a written agreement form. If you are a victim of a breach of contract, with our help you might receive compensation. An experienced attorney will help to recover punitive or compensatory damages, rescission, incidental damages, and your lawyer’s fees and costs.
How does commercial litigation start?
Parties may need to utilize commercial litigation if they have already executed other methods of disagreement resolution. Negotiations and Mediation usually appear before the parties turn to litigation. For the process to start, the plaintiff will normally collaborate with an attorney and write a complaint. The complaint will illustrate the allegations against the accused and the actuality of the situation. After that, the plaintiff will issue the complaint to the accused or multiple defendants, and file the complaint with the court. The defendant will have to abide by the law and answer to the complaint. In their answer, they can plead for a counterclaim against the plaintiff.
Commercial litigation matters (some examples)
All business disagreements can be settled through commercial litigation. Some of the frequent matters that our team has acted upon involve breach of contracts, business torts, unfair practices, creditor and debtor issues, trade regulation, professional liability… we highly recommend that you contact an experienced New York City commercial litigation lawyer if you are doubtful whether or not your situation can be settled through commercial litigation.
What does the commercial litigation process involve?
After the initial proceedings, which are the filling of complaints and answers, the parties will exchange all the involved documents and information that they possess to back up their claims. Parties may also need to give a testimony to the council. To inspect if the case has to go to trial, conferences will take place in the court. Usually, the case is resolved by the parties before the trial. If it is not resolved, the case will eventually go to trial. Finally, in a trial, all evidence, claims, facts, and legal documents will be evaluated then judged by the court.
Who decides a commercial litigation case?
A jury will deal with the commercial litigation lawsuit. The parties can relinquish the jury and turn to a judge to hear their case. To choose between having the case handled by a judge or jury should be a calculated and strategic decision regarding the type case. A case can also be heard by an arbitrator or panel of arbitrators.
How long does the NYC commercial litigation process usually take?
The duration of the process depends on numerous factors included within the case. The kind of issue mirrors the length of the litigation. Adding to this, the length of the process can involve the amount of motion practice that takes place. If the parties resolve the case before trial, they save their selves a lot of time. Generally, the average case takes about a year, but can last longer due to its unique situation.
Can I appeal the results of my case?
Generally, a party is able to appeal the case. However, only questions of law than could have affected the decision will be considered by the court. The court will not review the reasoning for the decision or the case’s facts. They can look into other aspects in case the judge did not perform justly or provide the exact instruction to the jury. Usually, you will be given the chance of a new trial if you win the appeal. However, it is not granted that you get a new result. Appeals are originally allowed, but they are not always the solution to your discontent.
Contact a New York City Litigation lawyer
It is hard to know if a trademark is legally secured or not. Trademark law protects logos, names, and marketing strategies or devices that are original to one industry or company. This kind of trademark is seen as “powerful” and legally secured. A trademark can always start on the right foot, or they can gradually become strong. Some trademarks are claimed to be “born strong”, such as Yahoo and Kodak.
An example of becoming “strong” is when a trademark becomes famous in time. When an owner presents public awareness and remarkable sales of their trademark, a trademark can grow in strength. Bank of America can be a good example of such a trademark, which its process is named “secondary meaning”. Feeble trademarks could merely mirror the quality of the merchandise build on a term or name, which is normally not secured in trademark law.
Please contact us if you have a question concerning trademarks, and we will assign a New York City litigation attorney to assist you.
Trademark Disputes types
Disputes occur when trademark owners decide to escalate their marketing to the internet, assuming that their business names are trademarked, and thinking that they are able to have their domain name online. On the flip side, company name holders adhere to a “first come- first served” motion when trademarking domain names. Trademark disputes arise when the trademark owner decides to sue. In contrast, the owner of the domain name will claim that trademark law does not secure circumstances such as these.
Most times disputes occur regarding trademarks, like:
Settling Trademark disputes in New York City
It is heavy to legally settle trademark disputes when it comes to internet trademarks. A Dispute Policy was established in 1995 to bring consistency to this field. This policy offers administrative methods for trademark owners to control the domain name holders that can be causing them trouble. This area still lacks regulation or penalization. Its policy does not fully cover all the legal aspects of trademarks.
Concerning the entitlement of trademarks, Common law can be used to resolve disagreements regarding trademark names. Common law is used to avoid client confusion and unjust competition. The regulations are introduced by the state and federal courts and settlements are made in favor of the first company that came up and used the trademark.
Contact a New York City Trademark Dispute attorney to assist you
If you are facing any kind of trademark matter, you have to know your state legal precedence of your situation. However, regulation in New York City can be very devastating for it has its statutes concerning trademarks. Contact an experienced New York City litigation lawyer from our team to protect your rights, and resolve the business issue you have.
NYC Business Fraud Lawyers
The goal of a legitimate business is to make as much money as possible by selling goods or services that people want. However, it can be tempting to market a good or service as worthwhile or necessary even if it may provide no value or may even hurt someone. Let’s take a look at some common tactics that may be considered fraudulent and how an attorney may be helpful.
Companies May Attempt to Act as a Pyramid Scheme
If a company operates by selling goods to consumers, it is considered a legitimate business. While there is no guarantee of success by those who choose to be part of the company, there is nothing inherently wrong about it either. However, if a company makes most of its money selling products to distributors who then cannot sell that product to an outside customer, that may be considered fraud.
Contractors May Do Shoddy Work
A contractor who is hired to repair a home or remodel a commercial space may be charged with business fraud if he or she doesn’t do the job in accordance with the law and other standards. For instance, if a contractor chooses to use substandard materials or doesn’t complete the job at all, that would be fraudulent. If a subcontractor is hired to do a job, and that subcontractor does the job poorly, the general contractor could also be held liable for fraud or be charged with other crimes.
Stores Sell Expired or Otherwise Dangerous Goods
If a store sold food that was expired or otherwise contaminated, it could result in health or other issues for customers. In the event that the goods were sold intentionally, that could be considered fraud. Knowingly selling a defective product like a car that doesn’t run properly would also be fraud in most circumstances.
What Are the Penalties for Business Fraud?
The type of penalties that an individual may face for business fraud depends partially on the type of fraud committed. For instance, if money was stolen from customers or from investors, the business owner or others who engaged in fraud will likely face financial penalties such as a fine or restitution. In some cases, both a fine and restitution will be part of a sentence.
In addition to financial penalties, it is possible that an individual who commits business fraud will be sent to jail or prison. Prison terms could last for several years, decades or even for the rest of that person’s life. However, it is also possible that an individual is sentenced to a combination of jail time, probation and community service.
A business owner who commits fraud may lose his or her professional license either permanently or temporarily. This will depend largely on the seriousness of the fraud as well as the intent of the person who committed it. For instance, if an insurance salesperson sells a fake policy, he or she may no longer be allowed to sell insurance or may be banned from doing so on his or her own for a period of time.
How an Attorney May Help
If you are charged with business fraud, your attorney may help negotiate the terms of your surrender to authorities. He or she may also negotiate the terms of any plea deal that may require you to cooperate with an investigation. For the most part, legal counsel makes sure that you aren’t treated unfairly or improperly by the government. This may include helping to get evidence suppressed or otherwise taking actions to ensure a fair trial and a fair resolution of the case even if you are found guilty.
Business fraud is a serious crime that could result in serious penalties if convicted. Therefore, you will want to do everything in your power to learn more about what a prosecutor must do to prove that you committed this crime. It is also in your best interest to hire an attorney and take other steps to understand, assert and protect your rights throughout the legal process.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
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