In general, a business in New York State may lawfully
refuse to provide service to a particular individual for any reason or no
reason, as long as the business does not refuse service because the
individual belongs to a member of a class protected by statute.
Classes protected under the New York...
In general, no. In the courts of the State of New
York, adult individuals may prosecute or defend a civil action in
person, but a corporation or association may do so only through an
attorney. N.Y. C.P.L.R. 321(a). So, too, a limited liability
company must appear in a lawsuit by an attorney.
A corporate or individual litigant is usually
responsible for the payment of its own attorneys' fees and costs in a lawsuit
in the New York state courts. New York follows the
so-called "American Rule" that a litigant is "not . . . allow[ed] . .
. to recover damages for the amounts...
I frequently explain to my startup clients that forming
their business in Delaware (or another state they choose if it is not their
home state) may not be enough: they also need to register it in every state
where they intend to do business. This means that if they intend to conduct
business in New...
Even though I have previously written about it, I keep
getting many questions regarding whether unpaid interns can work for a
for-profit business. My conclusion is YES BUT... it can be risky for the
business. In New York, interns can do an unpaid internship under two
circumstances: (1) if the intern...
In a sign that Delaware's approach to going-private transactions has some legs, an appellate court in NY recently applied the principles of Kahn v. M&F Worldwide Corp. (MFW) to a going private transaction, thereby aligning New York's law in this area with Delaware's [ an enhanced version...
As I previously explained here , Rule 506 private placements involve the filing of a Form D with the SEC as well as complying with blue sky notice filings requirements in each state where the investors participating in the offering reside. Rule 506(b) or (c) offerings are exempt from regulation on the...