Corporate
Showing 517 - 522 of 2622 results.
How a Shareholder Dispute Lawyer Handles Derivative Suits in New York
When a shareholder dispute escalates to litigation in New York, knowing how a shareholder dispute lawyer handles derivative suits, fiduciary duty claims, and the business judgment rule can protect your stake. In my experience, the question I hear most often is not "do I have a claim?", it is "where do I even start?" A shareholder dispute lawyer in New York begins by determining whether your claim is derivative or direct, because that single distinction shapes everything: standing, available remedies, and who ultimately controls the litigation. From there, the shareholder dispute lawyer evaluates your evidentiary record, identifies applicable defenses, and maps out the most strategic path, whether that means litigating in Supreme Court or negotiating a structured buyout before trial.
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What Should a Corporation Include in a Shareholder Agreement?
A shareholder agreement is a binding contract among shareholders that governs ownership rights, decision-making authority, and dispute resolution within a corporation.These agreements establish the legal framework for how shareholders interact and what happens if disagreements arise or ownership changes occur. The enforceability of shareholder agreements depends on compliance with state law, clear drafting of terms, and proper execution by all parties. A well-drafted agreement prevents costly litigation by addressing exit scenarios, buy-sell mechanics, and governance voting in advance.
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What Should Corporations Include in Services Contracts?
A services contract binds a company to specific performance obligations, deliverables, timelines, and payment terms with a service provider.Corporate exposure under these agreements hinges on how clearly the contract allocates risk, defines scope boundaries, and establishes enforcement mechanisms. Ambiguous language, missing termination rights, or undefined liability caps create operational friction and costly disputes when performance falls short. This article examines the essential contract elements, risk allocation strategies, and documentation practices that protect your corporation and enable effective vendor management.
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Services Agreement Clauses in New York: Standard Contract Terms
Some clauses in a services agreement do exactly what they say. Others do not survive contact with New York law. Liquidated damages hold only if they were a genuine estimate. New York examines the figure as of contracting — if it bears no reasonable relation to anticipated loss, it is a penalty and unenforceable, and the party relying on it is left proving actual damages it never expected to have to prove. Broad indemnity has a statutory limit. In construction and design services, General Obligations Law § 5-322.1 voids a provision requiring one party to indemnify another against that party's own negligence. Language imported from a general commercial template frequently fails here. Shortened limitations periods are enforceable. A clause reducing six years to one is valid if reasonable, and it appears in a great many standard terms. Service recipients tend to discover it after the problem does.Jury waivers are enforced where clearly and conspicuously stated — which is a different question from whether an arbitration clause applies, and the two are often confused. And New York law can be chosen even where nothing else connects. For agreements above $250,000, § 5-1401 permits parties to select New York law regardless of any relationship to the state. It is a substantial part of why so many commercial contracts point here. One trap for the party paying. Where the service provider is an individual rather than a company, New York's freelance protections impose written-contract and payment-timing requirements, with enhanced damages for noncompliance.
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How Can a Securities Litigation Lawyer Protect a Corporation from Major Claims?
Securities litigation involves claims that a corporation or its officers made material misstatements or omissions in connection with the purchase or sale of securities, or engaged in insider trading or market manipulation. The plaintiff must establish reliance on the misstatement, causation linking the statement to loss, and quantifiable damages. Procedural defenses, including statute of limitations arguments and safe-harbor protections under securities law, frequently determine viability before trial. This article examines the procedural posture corporations face in securities disputes, key defense angles, and practical considerations that shape litigation strategy.
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How Can a Securities Litigation Attorney Protect Your Company from Investor Claims?
Securities litigation arises when shareholders, investors, or regulators challenge a company's disclosure practices, trading conduct, or financial reporting, typically through class actions, derivative suits, or regulatory investigations.Defending these claims requires understanding the plaintiff's burden of proof, identifying procedural defects and affirmative defenses, and managing discovery and settlement posture before trial. Courts apply heightened pleading standards under federal law, meaning early motion practice often determines case viability. This article covers key defense strategies, timing risks, and how proactive counsel can shield your company from costly exposure and reputational harm.
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