Arthur R. Lehman, L.L.C.

business litigation Archives

The pros and cons of arbitration clauses

Many New York business have negotiated contracts in which one party has requested the exclusive use of arbitration to resolve disputes. Should such a clause be included? While some attorneys believe that arbitration is a poor substitute for the courtroom to solve business disputes, the more enlightened view holds that the answer depends on a number of factors.

Uber fires engineer in intellectual property dispute

A common cause of litigation involving intellectual property is the decision by a key employee to take his talent and knowledge to a competitor. Usually, the departing employee and his new employer remain allies in any litigation that ensues. This theme was given a new variation recently when Uber fired one of its star autonomous driving engineers in the midst of complex business litigation with a Google subsidiary involving the alleged theft of intellectual property and unfair competition.

Partner sues NYC doctor misuse of company funds

Doctors may be brilliant when practicing their medical specialties, but they can also be difficult business partners. A lawsuit filed this week in Manhattan Supreme Court accuses a prominent urologist of using funds belonging to a magazine that he and the plaintiff founded in 1996 for personal expenses. The lawsuit provides an example of how business partners, regardless of their professions, can engage in bitter business litigation.

Proactive business owners can minimize risk of lawsuits

When people decide to open their own business, they are taking a major risk because many of the circumstances surrounding the formation of business are out of a potential owner's control. Natural disasters could visit the business and cause a significant amount of property damage. The market could suffer a downturn for reasons that are completely out of the control of the business owners and leadership.

Supreme Court to hear appeal in investor fraud lawsuit

A lengthy and complex lawsuit involving a troubled New York City payroll contract is now headed to the United States Supreme Court. The Court has agreed to review a decision by the United States Court of Appeals for the Second Circuit that revived the plaintiff shareholders' securities fraud claims against Leidos, Inc., a large government contractor.

False Advertising Under the Lanham Act

Everyone knows that a strong marketing campaign is an essential part of growing a business and informing the public about the various qualities of a product or service that they provide. While some people may embellish the qualities of their products in some way, there is a line between this and false advertising.

Breaking up a partnership can lead to litigation

Many New Yorkers operate their businesses in partnership with at least one other person and possibly several people. While some of these are true general partnerships, other business organizations, such as an LLC, operate in many respects like a partnership. In any event, this form of business often is a great way for people to pool their resources and talents in order to turn a profit and earn a living.

The Advantages of Forming an LLC

Starting a business is a risky and rewarding venture that is filled with significant decisions that will have an impact on the future of the company. Many people who have started a business have looked around at other companies and seen an "LLC" designation after their name.

Convincing the Other Side to Agree to Alternative Dispute Resolution

Alternative dispute resolution (ADR) is a blanket term covering non-court resolution tactics like mediation and arbitration. For many businesses, ADR is a fact of life, baked right into their contracts. However, sometimes a company that favors ADR instead of court finds itself dealing with another company that is the opposite, or with a group of people who include those who do not have any contract terms requiring them to use ADR instead of court to resolve disputes.