A recent decision by the Supreme Court of New York County may provide some relief for small business owners who have been hit with lawsuits alleging that their websites are not accessible to individuals with disabilities. The case, Rodriguez v. Bitchin’ Inc., was one of over 40 nearly identical lawsuits filed by the same plaintiff … Read More
In civil litigation, discovery is a crucial process that allows parties to exchange relevant information and build their cases. However, when a party fails to comply with discovery demands, the consequences can be severe. A recent decision, Abuzaid v. Almayouf, illustrates the importance of complying with discovery obligations and the potential ramifications of non-compliance. Discovery … Read More
You may have heard that there is a new law called the Corporate Transparency Act, which is a law that aims to prevent money laundering and the hiding of assets by oligarchs and other bad actors by requiring all beneficial owners of certain entities to report their identity and whereabouts. On September 29, 2022, the … Read More
In a surprising decision out of the Supreme Court, Nassau County, LCF Group, Inc. v Fields, a judge refused to confirm an arbitration award against the “borrower” of a Merchant Cash Advance “lender.” I think it is surprising because it is extremely hard to attack an arbitration award and the motion to confirm the award … Read More
LLC Managers have broad fiduciary duties when managing an LLC. Even when they are given “sole and absolute discretion” in the operating agreement to take certain actions for the LLC, they cannot exercise that right in bad faith, for personal gain, and in such a way as to deprive the LLC of a reasonably expected … Read More
What happens if you bring a lawsuit and the defendant does not defend themself, because either they fail to answer or fail to comply with a court order to participate in the litigation? You can move for a default judgment to get what you’re asking for, even if the defendant does not participate. But even … Read More
I’m all for saving money where you can, but using one of those do-it-yourself LLC operating agreements is what they call “penny-wise and pound foolish.” I have had many conversations with LLC members who have fallen out with the other LLC members. They usually want to know what their rights are. Then we look at … Read More
