Earlier this year, we covered some common contract clauses that can be found in agreements that span countless industries. Also known as boilerplate clauses, these provisions touch upon many important aspects of the contractual relationship. Knowing the impact these clauses have on the overall effectiveness and longevity of an agreement can best prepare you to negotiate effectively. Below you will find a breakdown of the five most common contract clauses, as well as some sample clause language:
Read More
Our immigration laws are incredibly complex and often convoluted, so if you've decided to file for immigration benefits for yourself or on behalf of a family member, there are inherent risks involved that should be taken into consideration. An honest mistake or misunderstanding of an application question can be the difference between having your benefit request denied or being placed into removal proceedings. This is not to strike fear into those who wish to handle these applications on their own, but to simply recommend taking extreme caution, especially if you are unsure how to answer certain questions or feel that you might not have the exact evidence the government is requesting.
Read More
Although generally disfavored by New York Courts, non-compete clauses/agreements are still considered enforceable in New York, so long as they meet some basic guidelines. For the most part, any restriction on a person's ability to earn a livelihood will be heavily scrutinized by courts; however, there are equally legitimate interests that employers have a right to protect.
Read More
While no two contracts are alike, most will include boilerplate clauses that can be found in a wide variety of agreements. These common clauses are usually located towards the end of a contract and cover some basic understandings between the parties. Knowing the impact these clauses have on the overall effectiveness and longevity of an agreement can best prepare you to negotiate effectively. Below you will find a breakdown of the five most common contract clauses, as well as some sample clause language:
Read More
If you're lucky enough, you might make it through your entire life without ever having to hire a lawyer. Unfortunately, lawyers are everywhere and we've embedded ourselves in many aspects of society, so that it's practically impossible to avoid hiring us for something. If you want to avoid any troubles with buying your first house, you hire a lawyer. If you want to write a will and ensure that your assets and family are protected, you hire a lawyer. So, when the day finally arrives that you've found yourself in a situation that requires a lawyer, it's important that you come prepared to your first legal consultation, so that the lawyer is in the best position possible to provide the advice, counsel and support that you're seeking.
Read More
The last eight months have changed all of our lives in ways we never could have imagined. More people are working from home, schooling your children over zoom is a nightmare and trying to plan otherwise celebratory events like weddings has become a complete and total mess. For those who planned on getting married this year, they were quickly confronted with the complications that accompany COVID, most especially, the state and local mandated shut downs and now, the indoor occupancy limits.
Read More
So, you’ve started a business on Etsy. Whether you’re creating screen printed shirts, custom leather goods, pottery or furniture, you made the decision to bring your talent, skills and keen eye for design to the masses and sell your products online. Congratulations! Etsy is a great place for those that are looking to turn a hobby into a money making opportunity or grow a business that has quickly jumped out of the idea phase and into reality. If you’ve ever had the thought, “what do I need to do to make this Etsy business legitimate,” this post is for you.
Read More
Black’s Law Dictionary defines “force majeure clause” as “a contractual provision allocating the risk if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.” Among the countless questions that have been raised during the coronavirus pandemic, one that seems to pop up frequently is whether the coronavirus is grounds for allowing a party to avoid performing their obligations under a contract. The answer really depends on the language in the contract and how New York law interprets these clauses, which unfortunately, is quite narrowly.
Read More
Plain and simple . . . the New York Limited Liability Company Law requires at a minimum, that all LLCs adopt an operating agreement within 90 days of filing their articles of organization. However, despite this requirement, many LLCs operate on a daily basis without an agreement. While the NY LLC law is strict in its requirements, it is not explicit as to whether a business faces any fines or other consequences for failure to adopt an operating agreement. Given the lax enforcement of these provisions, businesses continue to run without fulfilling this simple requirement.
Read More
Bargaining power is often discussed in terms of: who has more leverage? or who has the upper hand? Better said, a party has bargaining power if he/she has the ability to cause a preferred outcome in a transaction. In general, it can be the difference between controlling the entire transaction to terms of your liking and “having no other choice, but to sign the agreement.” There are many factors that can come into play, such as, time, money, influence, authority, etc., that can shift the bargaining power between the parties. Knowing when you have the upper hand is crucial when faced with the challenges that come with negotiating a contract.
Read More