Arthur R. Lehman, L.L.C.

March 2015 Archives

Fighting business torts with strategy, negotiation and experience

Starting and running a successful business, in Manhattan or elsewhere in New York City, can be a tremendous challenge. When one's business is affected by the deliberate acts of someone else, as in the case of business torts, running the business becomes even more difficult. Still, people affected by such acts do not have to remain silent and can elect to hold the other party accountable for their actions.

What is tortious interference and how can it affect business?

Doing business in New York will bring about some unavoidable challenges that are necessary to handle. Understanding how the law works when it comes to certain issues in a business relationship can help the participants avoid any serious and damaging problems that can lead to accusations of tortious interference and an avoidable business tort. It can also help those who have been affected by these acts. However, it's important to understand what wrongful interference is, how to recognize it and what to do to nip it in the bud or pursue legal satisfaction if the situation grows out of control.

What acts constitute sexual harassment in New York?

Given the variety of companies and people who work in New York, it's unavoidable that there will be instances in which employment litigation will arise and viewpoints of employment law will be in dispute. One issue that a company tries to avoid in an attempt to protect from lawsuits is sexual harassment. The laws in the state are in place to protect the human rights of employees from unwanted acts and behavior at work. For the employer, these laws are also meant to set a guideline as to what's acceptable and what's not. While allegations of sexual harassment are taken seriously and a company can face harsh repercussions for it, there are times when they're unfounded.

What is "trade dress" under intellectual property law?

For businesses in New York and across the country, there's a constant attempt to make a product that will not only stand out functionally, but aesthetically as well. It's long been said that people eat with their eyes, and if they're attracted to an item or product visually they might be more interested in investing their hard-earned money on it. This is where the sometimes muddled issues of a trademark dispute and copyright infringement entangle many to the point where they're violating the law. It's important to know how product design and product packaging differ and that any kind of dispute regarding intellectual property can lead to litigation.