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Category: Commercial Law

How Forming an LLC Can Help You Attract Investors

(US commercial law and generally) When you launch a new business startup, one of the most pressing questions you’ll face is how to fund it. While there are many options for business fundraising, one of the most typical is to court outside investors. To pursue outside investments, you will need

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Navigating FDA Compliance Audits: The Crucial Role of Knowledgeable Attorneys

Introduction: In the intricate landscape of the pharmaceutical, biotechnology, and medical device industries, adherence to regulations set forth by the Food and Drug Administration (FDA) is paramount. Companies operating within these sectors understand the critical importance of maintaining FDA compliance to ensure the safety and efficacy of their products. Central

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Hacking Privileged Communications Warrants Striking Answer

The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole privileged and confidential e-mails.”  Plaintiffs alleged that their Chairman and Managing Director discovered that all of the emails in

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Insurance Coverage Can Not be Created by Untimely Disclaimer

In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff moved for summary judgment.  Defendants opposed the motion by asserting that plaintiff failed to timely disclaim coverage for the accident. 

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Labor Law Claims Dismissed Based On Proximate Cause

The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell from a scaffold while working on a construction site.  Plaintiff asserted a cause of action for common law negligence

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To Partner or Not to Partner

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there was no written agreement, the court was compelled to consider extraneous factors — the parties’ intent, whether there

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Changes affecting Insolvency Practitioners and Directors

As from 1 October 2015, Regulations have introduced the key provisions of the Small Business, Enterprise and Employment Act 2015 (“the Act”) as regards its affect on Directors and Insolvency Practitioners. This introduces very important changes which will have a considerable impact on Directors and the position of Insolvency Practitioners

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The Rising Tide of Settlement

Two recent New York settlements of $17 million and $6.5 million were made prior to litigation. New York City Comptroller Scott M. Stringer would like to lighten the docket. Stringer’s plan could decrease costs and aid in reallocating funds to other ventures. Pre-litigation dispute resolution often benefits all parties involved,

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