In New York, fraud claims are frequently dismissed at the pleading stage unless they are alleged with specific, detailed facts. Courts require more than generalized accusations or hindsight disagreements over a deal gone wrong. To survive dismissal, fraud claims—especially fraudulent inducement and misrepresentation—must be pled with particularity and carefully distinguished from...
Business Partner Buyouts in New York: Valuation, Formulas, and Litigation Risks
Business partner buyouts in New York often break down over one issue above all others: valuation. Disputes arise when buyout formulas are unclear, financials are manipulated, or one partner attempts to force an unfair exit. New York law provides mechanisms to challenge improper calculations, enforce operating agreements, and pursue litigation when...
The Legal Playbook for Fighting Unfair Competition in Manhattan
Unfair competition claims arise when a business uses improper tactics, rather than fair market competition, to gain an advantage over a rival. In Manhattan, these disputes often involve misuse of confidential information, interference with contracts, or efforts to disrupt business relationships. When competitors cross the line, New York law provides multiple...
Non-Compete Disputes After the New York AG’s Crackdowns: What Holds Up in Court
Non-compete agreements in New York are now subject to heightened scrutiny, both from courts and the Attorney General. Most non-competes are enforceable only if they protect a legitimate business interest, are narrowly tailored, and do not unnecessarily restrict workers. With proposed legislation that could broadly prohibit non-competes for most employees, many...
The Right Time to Sue for Unpaid Invoices Under New York Contract Law
New York businesses can sue for unpaid invoices when a customer or client fails to pay within the timeframe required by a contract or when the law implies a duty to compensate for goods or services provided. The right time to file a lawsuit depends on payment terms, documentation, and whether...
The High Cost of Deception: Are You Ready for Financial Fraud Litigation?
Financial fraud litigation often begins when inaccurate financial statements, manipulated earnings, or misleading disclosures come to light during year-end reporting and audit cycles. December brings heightened scrutiny as companies finalize annual results, auditors issue opinions, and lenders review financial covenants. When discrepancies arise, claims may arise under fraud, negligent misrepresentation, or...
Climate-Driven Claims in Commercial Real Estate: Flood, Mold, and Rising Insurance Disputes
Extreme weather is driving a surge in commercial property losses, including flooding, mold, water intrusion, business interruption, and structural damage. As claims rise, many property owners face unexpected coverage disputes with insurers over exclusions, deductibles, causation, and the scope of repairs. These conflicts often involve complex policy interpretation and highly technical...
Earn-Out Litigation After an M&A Deal Goes Sideways: Key Strategies for Buyers and Sellers
Earn-outs are often used to bridge valuation gaps in M&A deals, but they also create fertile ground for disputes. When performance metrics fall short or one side believes the other interfered with the result, buyers and sellers may end up litigating how the earn-out should be calculated or enforced. Most conflicts...
Specific Performance vs. Money Damages: Enforcing Commercial Real Estate Contracts in Court
Commercial real estate transactions often involve complex agreements, sizable investments, and high stakes. When one party breaches a contract, the non-breaching party can pursue specific performance or seek monetary damages to resolve the dispute. These two legal remedies represent different approaches to enforcing an agreement, each with its own advantages and...
Emergency TROs in Commercial Disputes: Freezing Assets Before They Vanish
In times of economic uncertainty, businesses often face the risk of asset dissipation during disputes. An Emergency Temporary Restraining Order (TRO) serves as a critical legal tool to prevent such actions, ensuring that assets remain intact pending litigation. An Emergency TRO can freeze assets, such as bank accounts or property, to prevent...