Corporate
Showing 463 - 468 of 2622 results.
How Do Board of Directors Meetings Work in New York?
The consequence of getting board procedure wrong is not a penalty. It is that the decision did not happen. A resolution adopted without proper notice or a quorum is voidable. Shares issued under it, contracts approved by it, and officers appointed through it are all open to challenge — and these defects surface during a financing or an acquisition, when the cure is expensive and the leverage belongs to the other side. Minutes are what makes the business judgment rule available. Directors are protected when they act on an informed basis, and the record of what was presented and considered is the evidence of that. Minutes recording only the vote leave a board with nothing to point to. Most closely held corporations do not meet. New York permits action by unanimous written consent in lieu of a meeting, and permits participation by any means allowing simultaneous communication. Both are used more often than formal sessions. Interested transactions need separate handling. Where a director has a financial interest, disclosure and approval by disinterested directors is what preserves the transaction. Approving it in the ordinary course, without that record, invites the challenge later.
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SPAC Lawsuit Safe Harbors: How Can They Protect New York Corporations?
A SPAC lawsuit in New York may allege securities fraud, misrepresentation, or breach of fiduciary duty by SPAC sponsors. When a SPAC lawsuit proceeds to federal court, defendants must navigate PSLRA pleading standards, forward-looking statement safe harbors, and New York state fiduciary duty doctrine simultaneously. Early and strategic legal counsel is critical from the moment a SPAC lawsuit is filed, before discovery commences, to limit exposure and shape the litigation narrative.
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How Can PPP New York Audits Shield You from a Fraud PPP Case?
A Paycheck Protection Program case in New York involves federal loan fraud allegations, civil recovery actions, or administrative compliance disputes arising from PPP loan applications and forgiveness claims made under the Coronavirus Aid, Relief, and Economic Security Act. The federal government and private plaintiffs have pursued thousands of PPP cases across multiple venues, with penalties ranging from loan recapture to criminal prosecution. Procedural defects in notice, documentation, or timely filing can affect your ability to mount an effective defense or counterclaim. Understanding the distinction between criminal, civil, and administrative case types is essential to developing an appropriate response strategy.
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PPA Compliance: Legal Guide and Risk Mitigation Strategies for New York Businesses
New York Power Purchase Agreement (PPA) compliance requires strict adherence to FERC and NYISO regulations to avoid severe penalties and contract termination. Corporate buyers and energy providers must establish robust internal controls, continually monitor performance standards, and deploy targeted legal strategies to manage grid interconnection challenges and mitigate breach risks.
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What Are Your Procedural Defenses in Consumer Product Injury Claims?
Consumer product injury claims expose corporations to liability for defective or unsafe products that cause harm to end users, and procedural defenses can significantly affect your exposure and litigation costs. The strength of your defense posture depends on whether the plaintiff has properly pleaded the defect, causation, and damages, whether notice requirements were met, and whether your company preserved critical evidence and documentation. Courts may dismiss claims that lack adequate factual allegations or fail to comply with filing and service rules. This article outlines the procedural steps, defensive strategies, and evidence-preservation measures that shape outcomes in consumer product injury litigation.
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3 Repair Record Requirements That Will Win Your Lemon Law Case
A lemon law case involves a statutory claim for breach of warranty when a manufacturer sells a vehicle with substantial defects that substantially impair its use, value, or safety, and the manufacturer cannot repair the defect after a reasonable number of attempts. Most U.S. .tates, including New York, impose on manufacturers a duty to repair or replace defective vehicles within a defined timeframe and repair attempt threshold. Failure to meet this obligation can result in the manufacturer's liability for rescission, replacement, or monetary damages.
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