NYC Business Litigation Lawyer

NYC Business Litigation
Lawyer
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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
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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.
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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.
Disputes with partners, shareholders, and/or corporate o cers.
Allegations 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
point where nobody is harmed by litigation.
nancially secure to the
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.
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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 riskmitigation
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.
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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:
The 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.
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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
committing them to several more principles:
signed agreements
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That they would deliver value to customers.
That they would invest in employees.
That they would deal fairly and ethically with suppliers.
That they would support their communities.
That 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.
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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.
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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.”
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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.
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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
10017
: 535 5th Ave 25th floor, New York, NY
Call Now : (646) 854-3547
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