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If you’re going to move money around from one project to another when your company is insolvent, i.e., “when the present fair salable value of his assets is less than the amount of that will be required to pay his probable liability on his existing debtors as they become absolute and matured,” you do so [...]
As noted in our earlier article, “Piercing the Corporate Veil – Critical Facts that You Will Need to Prove Your Case Under New York Law,” it is not an easy task to amass sufficient facts to survive an initial motion to dismiss a claim that seeks to pierce a corporation’s veil – let alone prove [...]
You may be wondering what valuable, relevant lessons can possibly be gleaned by a small business with a comparatively simple breach of contract matter from the Bhopal disaster (remember that environmental disaster from years ago?). The answer is, quite a bit. For one thing, in Sahu v. Union Carbide, a New York federal judge recently [...]
If the unsubstantiated claims of this plaintiff are actually true, then I feel bad for the plaintiff. But, as noted by the Court, therein lies the problem: the allegations are unsubstantiated. In Lecce Penn Co. SPA v. Adrenaline Marketing & Promotions, Inc., the plaintiff sued in breach of contract and fraud to recover over $300,000 [...]
Many small businesses’ recurring nightmare, particularly in this economy, looks something like this: Debtor D (we’ll call him “D,” for short) owes you tens of thousands of dollars for product that you delivered months ago. When you inquire as to what the delay is in receiving payment, you get a run-around, and ultimately find out [...]
Strange as it may sound, there are times that you can reap the benefit of a contract’s provisions even if you had nothing to do with the contract at the time it was signed. And this is exactly what happened in Corbett v. Firstline Security, Inc., et al. In this case, the plaintiff sued to [...]
3 Reasons Why
Your Employment Agreement
May be Worthless
NY Breach of Contract Guide:
When You Don't Have a
Written Agreement
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