On May 26, 2020, New York City Mayor Bill DeBlasio signed a new law addressing the liability of personal guarantors for the debts of commercial tenants that defaulted due to COVID-19. Governor Andrew Cuomo had previously issued Executive Orders which prohibited the imposition of late charges and temporarily halted evictions of commercial tenants. As a … Read more
The Americans with Disabilities Act (ADA) protects individuals who are disabled (or considered to be disabled) from discrimination in a variety of contexts. In the employment arena, it applies to employers who have 15 or more employees. While it encompasses a wide range of physical or mental impairments, there are limitations in who is considered … Read more
Generally, New York law provides that a company that buys the assets of another business is not liable for the seller’s pre-existing liabilities. However, there are several important exceptions to this rule. One of them is known as the de facto merger doctrine and it creates successor liability when the transaction between the purchasing and … Read more
While we all receive an account agreement when we open a bank account, very few of us, whether businesses or individuals, take the time to read the agreement or the countless updates to those procedures. However, these agreements control our relationship with our chosen bank and set forth our rights and responsibilities in the event … Read more
By Jill Weinberg, Esq. Employee wage and hour claims, usually for unpaid overtime, can be financially draining to companies big and small. Unfortunately, they have been on the rise. A good example is MetLife who was recently sued in federal court, in the Southern District of New York for $50 million dollars in unpaid overtime … Read more
The New York Legislature recently passed an anti-sexual harassment law which is likely to make it easier for workers to win their lawsuits. The Bill, which was championed by Governor Andrew Cuomo and is now awaiting his signature, does away with the requirement that the alleged misconduct be “severe or pervasive” in order to constitute … Read more
Tenants negotiating a commercial lease often face “landlord-friendly” contract clauses. A recent decision (issued on May 7, 2019) addressed one such provision which stated that the Tenant waived its right to bring a declaratory judgment action with respect to the lease or any notice sent pursuant thereto. The Tenant filed a declaratory judgment action and … Read more
In many academic settings, students have the opportunity to work in a controlled and supervised environment in order to learn necessary skills, particularly in fields which require licensing by the state. These student trainees generally are not paid. A recent federal appellate court case addressed the question of whether they are employees and therefore, entitled … Read more
Before you buy any interest in a business, it is crucial to confirm what you are buying and take all of the formal steps necessary to complete the transaction. In the case of purchasing an LLC interest, the most important document to be reviewed is the LLC Operating Agreement. An LLC Operating Agreement (or Shareholder’s Agreement … Read more
It’s common for parties who have existing or regular dealings with each other to buy and sell services or goods without a contract. Instead, the parties will simply invoice each other for payment. New York law recognizes that the parties may have an implied agreement based on such invoices and they can sue for payment even though … Read more