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Tips for a Successful ADR Mediation
Alternative Dispute Resolution is a procedure by which parties attempt to settle disputes without litigation. A common form of alternative dispute resolution is mediation. Mediation can be used in most non-criminal cases, including disputes involving leases, contracts, and small businesses. During mediation, the parties work cooperatively toward a fair resolution of their...
Broker Must be the “Procuring Cause” of the Sale to be entitled to Sale Commission.
In Capin & Assoc., Inc. v. Herskovitz, 2021 NY Slip Op. 03249, the Court held that a broker was not entitled to a sales commission because Defendant used another brokerage firm to make an offer, enter into negotiations, conduct due diligence, and close the transaction. Accordingly, the Plaintiff...
Breach of confidentiality clause in LOI/Term Sheet preceding M&A deal
In Garda USA, Inc. v. Sun Capital Partners, Inc., 2021 NY Slip Op. 03146, the Court held that a party's disclosure of ongoing negotiations can cause it to be liable for time and money spent by the other party with respect to the negotiations.
Advantages and Disadvantages of Debt Financing
Debt financing is the process of borrowing money from an outside source to continue operating a business. After taking out a business loan, a business owner must pay back the principal amount plus interest. In this article, we examine the advantages and disadvantages of debt financing.
Advantages of Debt...
Successful Contract Negotiation Strategies for Business Owners
As a business owner, the contracts you enter can make or break you. Practically all business contracts require negotiations. Therefore, the key to ensuring that the contracts you enter are beneficial to your business is knowing how to successfully negotiate. In this article, we provide you with some tips for ensuring successful...
What You Should Know About D&O or R&W Insurance In Mergers and Acquisitions
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When NDAs Go Bad: Proactive and Timely Steps to Protecting Your Company Against NDA-Related Disputes
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Understanding Breach of Contract Damages: Compensatory vs. Consequential
When two parties execute a contract, they are legally bound to abide by the terms of the agreement. If one party breaches the contract, it can cause considerable problems for the other party. Following a breach of contract, the non-breaching party can choose from several legal remedies. In this article, we discuss...
Remedy specified in a contract is not subject to “other available remedies” clause in that contract
In Highline LLC v. 514 W. 24th St. Partners LLC, 2021 NY Slip Op. 31042(U), the Court held that when the contract itself specifies the remedy for a party's violation of a particular clause in the contract, that specified remedy will prevail and be enforced over another clause...