Why Your Contracts Should Include Mediation Clauses

By Scott Richman | April 18, 2021 | Comments Off on Why Your Contracts Should Include Mediation Clauses

ADR, or alternative dispute resolution, clauses are some of the most useful clauses a company can put into their business contracts. This is especially true with mediation clauses, which require both parties to attempt to resolve their issues in front of a mediator before taking the matter to court. Mediation is different from arbitration, which…

The Double Dangers of Texting While Walking

By Scott Richman | April 1, 2021 | Comments Off on The Double Dangers of Texting While Walking

Most people know the dangers of texting while driving. Yet do you know the dangers of texting while walking? There have been enough collisions and fatalities surrounding pedestrians texting their way through crosswalks that New York is considering making it illegal to do so. Other cities and states have already banned texting while walking because…

What Makes Incorporation So Necessary?

By Scott Richman | March 15, 2021 | Comments Off on What Makes Incorporation So Necessary?

Choosing the right legal structure for your business is an important step. While running a sole proprietorship or an LLC may look easier, for many New York City businesses incorporating will be the right choice.  There are three main reasons why incorporating is so advantageous.  Protection from Liability When you set up a corporation that…

Understanding New York Partition Actions

By Scott Richman | January 20, 2020 | 0 Comments

New York is a unique place to own real estate, because co-ownership is a lot more common here than it is in other parts of the country. This offers the advantage of making real estate investment more accessible to a wider group of people than it would be otherwise, given real estate prices, but comes…

Don’t Just Sign on the Bottom Line: Contract Conundrums and Fine Print Pitfalls

By Scott Richman | January 7, 2020 | 0 Comments

You probably wouldn’t be surprised to hear that lots of people scroll down to hit “accept” on the “Terms and Conditions” page of any given website without reading a word of text. You might be surprised to learn that lots of business owners do the same thing to paper contracts which pertain directly to business…

Don’t Count on Your Out-of-Possession Status to Shield You From Premises Liability

By Scott Richman | November 20, 2019 | 0 Comments

On October 24 of 2019, the State of New York Court of Appeals rendered a decision on Xiang Fu He v. Troon. It is vital for anyone who leases out commercial real estate to pay close attention to this verdict, which stated out-of-possession landlords could be held liable for slips and falls on icy sidewalks.…

What is a Breach of Fiduciary Duty?

By Scott Richman | October 1, 2019 | 0 Comments

One of the most common causes of action as to business litigation claims is for a breach of fiduciary duty claims. This can take some business owners by surprise. Owning a business often creates fiduciary duties to various parties, even if you are not an individual whose sole business purpose involves creating fiduciary relationships. When…

Understanding Comparative Negligence in a Personal Injury Case

By Scott Richman | August 30, 2019 | 0 Comments

When you’ve been injured through someone else’s negligence you always have the right to bring a personal injury claim. But that doesn’t mean the defendant’s actions will be the only ones to come under scrutiny. New York is a comparative negligence state, which means your own actions will also enter into the discussion. Here’s what…