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Business Litigation

• Partnership Disputes: Protection for Oppressed Minority Shareholders
• Why You Must Look at Your Shareholder agreement Differently when Faced with A Shareholder or Partner Dispute
• Franchise Litigation: Understanding the Role of Discovery in Franchise Litigation
• Termination of Your Gas Station Contracts: Renewal Protections Afforded by The New Jersey Franchise Practices Act
• Partnership Disputes: When Your Partners Construct a "Pre-Text" to Terminate Your Legal Rights

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Library

Business Litigation

• New Jersey Partnership Law: Important Resources
• New Jersey Shareholder and Partner Disputes: Important Factors to Consider to Protect Your Business and Equity Interests
• Options When a Business Partner Withholds Information Business Records
• Property Rights of a Business Partner in New York
• Is Your Trademark Likely to Cause Confusion? The Lapp Test

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Business Litigation

Whether you are a partner, shareholder or the owner of a business in New York or New Jersey, lawsuits and business litigation are an unfortunate reality that you must deal with. Typically, business lawsuits are the function of (a) improperly drafted business agreements, such as partnership agreements, shareholder agreements, supply contracts and franchise and license agreements, (b) unfair business practices, such as trademark infringement, patent infringement, violation of non-compete agreements, breach of contract and tortious interference with contracts and franchise relationships and (c) disputes between partners and shareholders. When faced with a lawsuit involving your business or your rights as a shareholder or partner you must be proactive, gather critical information and consult with an experienced business attorney with an established track record in the court room.

When faced with a business lawsuit or the need to defend your business interests, it is important that you consult with an experienced business lawyer with an established track record in New York and New Jersey, such as Charles N. Internicola, Esq. who is an experienced business litigation attorney. When you speak to Charles Internicola, he will evaluate the facts, explain your business rights and structure a precise litigation strategy to defend and advance your business interests.

Contact Charles Internicola, the New York and New Jersey business litigation lawyer, today at 800.976.4904 for legal advice.  Mr. Internicola represents business owners, shareholders, partners, franchisors and franchisees in lawsuits in New York and New Jersey, including Manhattan, Staten Island, Long Island, Brooklyn, Bronx, Monmouth County, Middlesex County, Essex County and Ocean County.

Tested Litigation Counsel to Advance and Defend your Business Rights

Experienced and accomplished in both the the "court room" and at the "negotiating table", Charles Internicola understands business litigation and what it takes to protect his client's business interests while maintaining and sticking to a "game plan" designed to obtain concrete and measurable business results.  In New York and New Jersey, Mr. Internicola defends his clients interests in the following lawsuits:

• Partnership and Shareholder Disputes.  Typically the result of improperly drafted shareholder or partner agreements, Charles Internicola represents and defends the interests of his clients who are faced with the loss of their business through the overreaching and/or improper actions of his or her partner(s).  Disputes and disagreements among partners of New York and New Jersey businesses are extremely common and when an amicable resolution cannot be obtained it is critical to discuss your rights with a business lawyer and to implement necessary legal protections to preserve your ownership interests and rights.
• Breach of Business Contracts.  Contracts and business agreements such as supply, vendor, license, franchise, employment and non-compete agreements serve as the life-blood of many successful and growing New York and New Jersey businesses.  When these agreements are not performed, business is put at risk and you must act to preserve the rights of your company.  Mr. Internicola's approach to these business disputes involves, both, an evaluation of a possible negotiated settlement and the development of the necessary legal tools to preserve the rights and interests of your business. In appropriate situations, Mr. Internicola will seek judicial intervention and injunctive relief at the earliest time possible.
• Unfair Competition and Trademark Infringement.  The reality of business is that many of your competitors may be wrong, utilize lawsuits and litigation as a competitive tool to interfere with your business and to gain a competitive advantage.  Worse, some competitors may have simply sought to "rip off" your intellectual property and well developed reputation with consumers. The law of unfair competition involves many distinct legal claims designed to preserve fair competition.  Mr. Internicola has successfully represented the business interests of his clients in lawsuits involving claims of tortious interference with contract, trademark infringement, unfair business practices and breach of restrictive covenants.

  
Contact New York and New Jersey business litigation lawyer Charles Internicola, Esq. at 800. 976. 4904 to defend your business interests when faced with litigation.

Charles Internicola is a New York and New Jersey business lawyer and litigation attorney representing the interests of his business clients in New York and New Jersey, including Manhattan, New York City, Staten Island, Long Island, Brooklyn, Queens, Ocean County, Monmouth County, Middlesex County, Bergen County, Essex County, Suffolk County and Nassau County.

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Blog for Business Litigation

• Partnership Disputes: Protection for Oppressed Minority Shareholders
• Why You Must Look at Your Shareholder agreement Differently when Faced with A Shareholder or Partner Dispute
• Franchise Litigation: Understanding the Role of Discovery in Franchise Litigation
• Termination of Your Gas Station Contracts: Renewal Protections Afforded by The New Jersey Franchise Practices Act
• Partnership Disputes: When Your Partners Construct a "Pre-Text" to Terminate Your Legal Rights
• New York Shareholders: Right to Inspect Books and Records
• 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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Library for Business Litigation:

• New Jersey Partnership Law: Important Resources   
  In the state of New Jersey the relationship between partners is governed by both the New Jersey Partnership Law and the extensive case law decisions.
• New Jersey Shareholder and Partner Disputes: Important Factors to Consider to Protect Your Business and Equity Interests   
  If you are the owner of a New Jersey corporation, LLC or partnership, when faced with a shareholder dispute there are a number of legal rights available.
• Options When a Business Partner Withholds Information Business Records   
  Partnership disputes often involve a business partner withholding information business records. There are options for you when this occurs.
• Property Rights of a Business Partner in New York   
  A violation of your property rights as a business partner in New York is grounds for legal relief. In a partnership dispute it is critical asses property rights
• Is Your Trademark Likely to Cause Confusion? The Lapp Test   
  Whether you are looking to register a trademark or you believe your competitor is using confusingly similar branding to your existing trademark, it is important to know what factors a court will consider to determine likelihood of confusion.
• False Marking Claims: How Leahy-Smith Will Change Your Organization   
  Whether you are a product manufacturer, importer, distributor or retailer, the newly established America Invents Act will change the way you do business.
• New York Partnership Law: Important Resources   
  In the state of New York the relationship between partners is governed by both the New York Partnership law and the extensive case law decisions.
• NJ Shareholder Disputes: The "Oppressed Shareholder Statute" and Other Legal Factors that You Must Consider   
  NJ shareholder disputes concerning the "Oppressed Shareholder Statute" and other legal factors that should be considered in a shareholder dispute.
• NJ "Partnership Disputes": Dissociation of a Members Interests in an LLC   
  Under New Jersey law when faced with a dispute with your business partner and member your legal remedies may include the statutory right of "dissociation".
• Rights of Minority Shareholders in New York: Grounds for Judicial Dissolution   
  Under New York State law minority shareholders of small closely held corporations are afforded the right to seek judicial dissolution. Prior to seeking dissolution you must discuss your options with a New York shareholder dispute attorney.
• Dissolution of Your New York Corporation: Emergency Proceedings Under BCL Section 1106   
  Under New York Business corporation law Section 1106 shareholders of small closely held corporations are afforded the right to commence on emergency proceeding for corporate dissolution. if you are faced with a shareholder partnership dispute speak to New York business lawyer Charles N. Internicola 800-976-4904.
• Shareholder Disputes: The Tactical Role of "Dissolution" When Faced with a Serious Shareholder/Partner Dispute   
  When faced with a shareholder or partner dispute in New York, shareholders and partners must consider and evaluate their rights under the New York Business Corporation Law. Faced with a shareholder dispute speak to the business dispute attorney Charles N. Internicola at 800-976-4904.
• Factors to Consider when Dealing with a Partnership or Shareholder Dispute in New Jersey   
  If you are a New Jersey business owner and you are faced with a dispute or fight with your business partner or fellow shareholders, it is critical that you immediately assess and evaluate the assets of your business, including intellectual property assets such as customer lists, sources of supply, vendor agreement, trademarks and patents. If you are involved in a New Jersey partnership or shareholder dispute contact New Jersey partnership dispute lawyer, Charles N. Internicola at 800. 976. 4904 to discuss your legal rights and the best course of action.
• New York Partnership Disputes: Fiduciary Duties and Obligations Between Partners and Shareholders   
  Partners and shareholders of small closely held new york companies owe a fiduciary duty of loyalty and fair dealing to one another. If you are faced with a partnership dispute it is critical that you understand your fiduciary duties and that you discuss the necessary steps to protect the assets of your business and prevent your partner from diverting business assets. Contact the Charles N. Internicola at 800. 976. 4904 to discuss how to protect your shareholder and partnership interests.
• Preliminary Injunctions and Temporary Restraints in New York and New Jersey [PDF]   
  Preliminary Injunctions in New York and New Jersey. Recent legal decisions where NY and NJ business litigation lawyer Charles N. Internicola successfully defended his client in opposing plaintiffs motion for a preliminary injunction and temporary restraints. When faced with a business dispute, a preliminary injunction, temporary restraining order or temporary restraints may serve to protect your business assets.
• The Significance of "Liquidated Damages" Provisions and How to Defend them in Litigation [PDF]   
  Liquidated damages upheld in partial dismissal of contract damages case in New York. In a recent decision New York business litigation lawyer successfully obtained the dismissal of a claim for contract damages alleged against his client. The New York Supreme Court limited the claims to liquidated damages. When structuring New York business agreements and franchise agreements it is critical to evaluate and implement "liquidated damages" provisions into your contracts.
• "Promissory Fraud" and Its Significance in Business Disputes in New York [PDF]   
  "Promissory fraud" is an important legal cause of action that should be considered and evaluated in business litigation in the State of New York. In an significant decision, New York business litigation lawyer Charles Internicola was successful in sustaining and overcoming a motion to dismiss the legal merit of his client's promissory fraud claim. A copy of Mr. Internicola's successful legal brief addressing New York law on promissory fraud, follows.
• Trademark Litigation in New York and New Jersey: Potential Defense [PDF]   
  For business owners the protection of trademarks and intellectual property is critical. However, sometimes a competitor may attempt to use its trademarks as an offensive tool to keep your business from fairly competing. When faced with New York or New Jersey trademark claims and litigation there are defenses that should be evaluated. In a significant decision demonstrating one of the defenses that may be utilized to oppose trademark infringement claims, New York and New Jersey business litigation lawyer Charles N. Internicola successfully demonstrated that the Plaintiffs claimed trademark was descriptive and not subject to protection. Mr. Internicola's legal brief follows.
• Important Remedy Available to Minority Shareholders of a New York Corporation: Judicial Dissolution   
  If you are a minority shareholder and own or control at least twenty (20%) percent of the stock of a closely-held New York corporation, when faced with a shareholder dispute you may posses critical rights by filing a petition for Judicial dissolution. If you are a minority shareholder and you are faced with a partnership dispute and deadlock contact New York business lawyer Charles N. Internicola at 800.976.4904.
• Grounds for Dissolution of a New York Corporation: Dissolution by Fifty Percent Shareholder when Faced with Director or Shareholder Deadlock   
  If you are the owner of a small closely held corporation and business, if you are faced with a dispute with your partners and a corporate deadlock, it is important that you understand your legal rights. Under New York law there are specific grounds that may permit you to dissolve your company speak to New York business lawyer Charles Internicola at 800.976.4904.

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Frequent Questions for Business Litigation:

• Do Shareholders of a Small Closely Held New York Corporation have the Right to Inspect the Corporations Books and Records?
• What provisions must be included in a Limited Liability Company Operating Agreement?
• What are the Grounds for the Judicial Dissolution of a New York Limited Liability Company?
• What is an Operating Agreement under New York Law?
• What is "Judicial Dissolution"?
• Is "Corporate Deadlock" or "Shareholder Deadlock" a Basis for Dissolution of a New York Corporation?
• What is the Standard for Judicial Dissolution of a New York LLC?
• What may be invloved in the partnership dissolution process?
• What are some environmental concerns associated with purchasing a gas station?
• What is the proper way to dissolve a partnership in New York?
• What property rights does a business partner in New York possess?
• What is a partnership dissolution?
• What is a "member" of a limited liability company.
• What is an "operating agreement"?
• What is a "manager" of a Limited Liability Company?
• What is a "limited liability company interest"?
• My business partners and I are not seeing eye to eye. Do I need to litigate to dissolve the corporation?
• What is a partnership agreement?
• What is a "liquidated damages" clause.
• What is an "order to show cause".

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Business Litigation

• Do Shareholders of a Small Closely Held New York Corporation have the Right to Inspect the Corporations Books and Records?
• What provisions must be included in a Limited Liability Company Operating Agreement?
• What are the Grounds for the Judicial Dissolution of a New York Limited Liability Company?

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