Arthur R. Lehman, L.L.C.

contract disputes Archives

Negotiation and litigation in contract disputes

Whether it's a simple sale of goods or a complex and critical merger or acquisition, the business of most Manhattan companies is ruled by contracts. In the vast majority of cases, business people either adhere to the contracts they have made or successfully renegotiate new arrangements with their suppliers, customers and merger or acquisition partners. Although most business people would prefer to avoid business disputes if possible, they are sometimes unavoidable, and it is important for business people to take action to protect their rights.

Hope for New York investor's case after federal ruling?

A billionaire investor from New York, Lynn Tilton, recently found a good reason to be hopeful in her ongoing litigation with the Securities and Exchange Commission (SEC) after a federal appeals court ruled in an unrelated case. The federal ruling indicated that the SEC has no authority to submit its cases against businesses to an administrative law judge as opposed to a federal court. Ms. Tilton own case recently went before and administrative law judge.

Can a contract dispute arise out of an implied contract?

When two or more New York parties negotiate, make an offer and then accept the terms they offer one another, they form a contract that is then signed by both parties. When this happens, all parties involved know that the contract contains all the terms explicitly-their duties, rights, and obligations-everything is clearly outlined in the document. Though they may be hesitant to sign a contract because of the legalities that arise out of it, there is nonetheless no confusion as to what would happen if there is a breach of contract.