Rarely do organizations agree to terms with their partners, vendors and other associates on the first pass of review over new contracts. In fact, a New York business may go through numerous iterations of an agreement before it is ready to sign off on it and bind...
Business Torts
A basic overview of unfair competition
In today's active business climate, staying competitive is more important than ever. Businesses in New York will want to make sure their advertising is effective and that their trademarks and trade secrets are protected. They will also want to increase their customer...
A brief primer on business torts
When Manhattan business owners think about why they might sue or be sued, many immediately think of breach of contract. Indeed, much of the business law duties of courts revolve around alleged breaches of contract. Yet there are other possible bad actions that could...
What is breach of fiduciary duty in New York?
When a party has a legal obligation to act in the best interest of another party - or parties - this obligation is known as a fiduciary duty. The relationship that creates a fiduciary duty is often referred to as a fiduciary relationship. For example, a business...
The law of fraudulent misrepresentation in New York
Over the past several weeks, this blog has provided some basic information about possible legal remedies for when another party is harmfully dishonest in a business transaction. We've talked about fraud and trade disparagement; now we're going to talk about another...
What if I have been victimized by trade disparagement?
A New York business will often have a great amount invested in its reputation. In the competitive world of New York business, it is not unusual for competitors to try and gain an unfair and illegal advantage by making false and derogatory statements about another...
What are the elements of a trade disparagement claim?
Although many New York business disputes arise from allegedly breached contracts, not all do. There are a number of civil wrongs that can also give rise to a business dispute. These civil wrongs are called torts. This blog post will focus on one of these torts: trade...
Manhattan business relationships require trust
Manhattan business people expect their business partners, vendors, contractors and customers to be honest about the important aspects of their business transactions. Our business culture is based on trust, and a baseline level of honesty engenders trust and fruitful...
What is tortious interference with contract?
Vigorous competition is a part of doing business in New York. But, when other parties "cross the line" and engage in unfair and improper conduct, the courts may be able to step in and award damages for the loss of business suffered by victims. One way that this could...
What is breach of fiduciary duty?
Many successful Manhattan business relationships are built on trust. When parties feel that they can trust each other, they may have the confidence necessary to form mutually beneficial commercial relationships. On the other hand, if parties do not feel that they can...
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