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Can My Business In New York Lawfully Refuse Service To An Individual?

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...

Can My Corporation Represent Itself In A Lawsuit In New York State Court?

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. However...

Can My Company Recover Its Attorneys’ Fees And Costs In A Lawsuit In New York State Court?

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...

When Do You Need to Register Your [Delaware] Corporation in New York and Why?

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...

Can For-Profit Businesses Use Unpaid Interns in New York?

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...

The Influence of Kahn v. M&F Worldwide Corp. in Going-Private Transactions

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...

How to Comply with New York Blue Sky Laws

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...