In BRL Hampton Rd. LLC v Ashley Heather, et. al., 2022 NY Slip Op 30039(U), the Court granted summary judgment against the party that defaulted on a construction loan even though the lender failed to conduct due diligence, was aware of the risks with a startup, and was the one who offered...
Category: Business Disputes
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.
When NDAs Go Bad: Proactive and Timely Steps to Protecting Your Company Against NDA-Related Disputes
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Client alleging accountant malpractice must show that there was a departure from the accepted standards of practice
In response to a client's allegations of malpractice, the Court--in Dean v. Brodman, 2021 NY Slip Op. 01842--held that the accounting firm was able to show that it followed accepted standards of practice when it prepared the client's tax information. The Court stated that an accountant may rely...
Strategies for Settling Common Business Partnership Disputes
A common risk of business partnerships is that they may deteriorate and become adversarial. When this happens, the business relationship isn’t the only thing that is at risk. In addition to the deterioration of the partnership itself, business partnership disputes often result in significant financial losses, tarnished reputations, and bad feelings all...
Benefits of Alternative Dispute Resolution
Litigation isn’t the only way to resolve a legal dispute. Rather than risking a lengthy and expensive court battle, parties may attempt to resolve their differences by agreeing to participate in alternative dispute resolution. Common alternative dispute resolution methods include mediation, negotiation, and arbitration. In this article, we examine the many benefits...