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Business Litigation
- Factors to Consider for your NY or NJ Partnership Agreement
- Quality Pleadings are Important If you are Involved in a New York Business Dispute
- Corporate Dissolution a Critical Tool for Small Business Owners Faced with a "Partnership Dispute" with a Controlling Shareholder
- Partnership Disputes in New York and New Jersey
- Factors to Consider When Hiring a Business Lawyer in New York or New Jersey
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Business Litigation
- Factors to Consider when Dealing with a Partnership or Shareholder Dispute in New Jersey
- New York Partnership Disputes: Fiduciary Duties and Obligations Between Partners and Shareholders
- Preliminary Injunctions and Temporary Restraints in New York and New Jersey
- The Significance of "Liquidated Damages" Provisions and How to Defend them in Litigation
- "Promissory Fraud" and Its Significance in Business Disputes in New York
Business Litigation
Partnership Disputes in New York and New Jersey
When faced with a dispute with your partner - not an ordinary "business dispute" - but rather a dispute that is interfering with the operations of your business you must consider the necessary steps to preserve your equity and ownership interests. In my article "Partnership Lawsuits in New York and New Jersey: Important Factors to Discuss with Your Lawyer" I outline some of the important factors and legal decisions that a business owner should discuss with his or her business lawyer. One important factor that I discuss is my preference for a negotiated settlement (of a partnership dispute) compared to a protracted and expensive lawsuit. However, it is critical to note that "negotiations" only work if you and your partner are in an equal bargaining position, i.e., you are and continue to be involved in the day-to-day business operations, you have access to the books and records of the business and you maintain daily communications with your customers and clients. If you do not possess equal bargaining power (i.e., you have been locked-out or are denied access to books and records) negotiations may be pre-mature and the best course of action may be the commencement of a lawsuit seeking (a) a preliminary injunction and (b) an accounting. Once an injunction is obtained you negotiating position will be greatly enhanced and so will the opportunity to reach a balanced settlement.Charles N. Internicola is an accomplished New York and New Jersey business litigation attorney who represents and defends the business interests of his clients in lawsuits involving business disputes, partnership disputes, trademark infringement and unfair competition. If you are involved in a business dispute and require the services of a seasoned business litigation attorney in New York or New Jersey, contact Charles N. Internicola, to discuss the litigation services that he offers. As a business attorney, Charles is the author of "An Entrepreneurs Guide to Purchasing a Business" and he is the publisher of the "New York Franchise Law Blog".
IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Charles N. Internicola, Esq.
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