Archive for the ‘Small Business Litigation’ Category

Under New York State law, businesses with fewer than fifty full time employees are not legally mandated to provide a company health insurance plan.  Employers with fifty or more full time employees that chose not to offer coverage could face financial penalties imposed by the Affordable Care Act’s Employer Shared Responsibility (ESR) provision.  However, for […]

Many employers require their employees to drive as part of their job positions for various reasons.  Each October, the Network of Employers for Traffic Safety launches a national campaign called Drive Safely Work Week calling for attention to the issues concerning employee driving safety. It has been estimated that overall, motor vehicle accidents cause employers […]

Mayor de Blasio signed into law, effective as of September 3, 2015, that prohibits employers from performing credit checks on job applicants, except in limited situations. The purpose of the law is to prohibit employment discrimination based on an applicant’s consumer credit history. The new law amends the City’s Human Rights Law concerning the ability […]

If you are running a small business, employing interns for extra help may seem like a win-win situation. College students can gain valuable real world experience, and employers can have a few extra hands around at little or no cost. As competition in the job market increases, many young adults look to internships as a […]

Every business owner knows how important trademarks are to protecting their brand, or intellectual property.  However, sometimes it makes good marketing sense to allow another company to use the trademark without selling or transferring the rights to it.  This is called a licensing agreement and may be a profitable business arrangement for the licensor who […]

If you are starting your own business, depending on the nature of it, you may consider having your employees sign a non-compete clauses.  This can either be included in the contract or presented separately.  This would prevent an employee from leaving your business, and starting a similar one in competition with yours.  Generally, a non-compete […]

If your business is facing harm due to the conduct of another business or person, immediate relief is necessary.  Whether a competitor is violating your trademark or patent rights, breached a contract, sharing trade secrets, or is attempting to put you out of business, an injunction is the remedy for such scenarios.  An injunction is […]

If your business has been successful, you may be looking to expand.  There are always risks when it comes to investing capital.  However, two ways of growing a business that offer protection to the business owner by delegating more risks to the third party are franchising and licensing.  These kinds of agreements may offer your […]

Starting your own business is an exciting venture.  You have probably heard the terms LLC and LLP and are wondering which three letters should be after your business name.  There are benefits and drawbacks associated with each that should carefully be considered for the best interests of your business. LLC’s To initially form an LLC, […]

Recently an attorney sought our firm’s opinion regarding an issue involving a client business’s credit card processor. Like many businesses, the client entered into a merchant agreement whereby the company agreed to accept certain credit cards for payments for services and merchandise. When a consumer tried to make a purchase by charging the entire amount […]

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