Wednesday 30 November 2016

Beginners guide to choosing a business lawyer

It doesn’t matter what type of business you might have, one thing that you should consider is having an attorney that can assist you with any legal issues that your business might encounter.
There are many business owners that don’t know how to choose the right business lawyer for their business, and therefor they are making a mistake by hiring someone that isn’t reliable. There are a couple of things any new business owner should consider, before making their final decision. Here is a beginner’s guide in choosing an attorney for your business.
Doing some research about attorney
The first thing that you need to do, is to make sure that you are researching and finding the patent law firm that is going to be the best for your business.
The one thing that we all know is that there are some attorneys that are not as reliable and trustworthy as what we hoped they be. And, because they are going to work closely with your business, you need to be able to trust your attorney. The only way to be able to know if you can trust him, is to do research and reading reviews about previous clients of the attorney.
Know what type of attorney you are going to need
There are many different advocates that you can hire for your business. One of these types of attorneys is the business litigation lawyer. You need to know exactly what type of advocate you are going to need, before you start looking for one.
If you can find one that has experience in more than one field, then you are going to make a good investment in hiring him. You will not need to worry that you might search for another attorney when your business is in trouble or if you have a lawsuit.
Ask around about the attorney other businesses are recommending
You can also ask around to other businesses to find out which business lawyer they are using. They should also be able to tell you if the attorney that they are using reliable and trustworthy is.
You can learn many things by just talking to other business owners. If you don’t know what type of attorney you might need, or where to find the best one, talking to other business owners might just assist you in making the final choice. You can’t go wrong if you are considering using one that another business has recommended to you. But, you still need to do some research before you can make the final decision.
For a new business owner, there are many things that he should consider. One of the first things that you as a business owner should find, is a business lawyer that can represent you in business transactions but also when your business is in trouble with a lawsuit or when you might face bankruptcy. The problem is that there are many attorneys that you can hire for your business, but you should make sure that you are hiring one that you can trust and rely on. In good time and in bad times. 

Friday 25 November 2016

Commercial Lease Parties Beware: Lessons from Tarrytown

Through a recent appellate court decision, New Yorkers were gravely reminded that the age-old commercial concept of “caveat emptor” – which is Latin for “buyer beware” – applies with equal force to those seeking commercial leases. Due diligence and factual investigation, it appears, are burdens naturally imposed on buyers and lessees alike.
On September 14, 2016, the Second Department of the New York Supreme Court, Appellate Division, decided 1357 Tarrytown Road Auto, LLC v. Granite Properties, LLC.[1] In this case, the plaintiff was a company that operated an automobile dealership (hereinafter, “Tarrytown”) which sought to expand its business by leasing additional property from the defendant (hereinafter, the “Landlord”) in the Town of Greenburgh, New York. After negotiation, the two parties entered into an agreement whereby the Landlord assigned an existing lease to Tarrytown. The agreement was finalized in July of 2013.
For the next two months, it was business lawyer as usual. In September, 2013, however, Tarrytown discovered that local law prohibited vehicles without license plates from parking on the leased premises (hereinafter, the “local ordinance”). Because Tarrytown intended to operate an automobile dealership on the premises, this local ordinance presented an unwelcome surprise as well as a serious obstacle. Tarrytown argued that the practice of parking cars without license plates on a dealership lot was “essential to the business of selling automobiles.”[2] Indeed, common sense would tend to support that argument.
Despite knowledge that Tarrytown intended to operate a car dealership on the premises, the Landlord had not disclosed the existence of this local law to Tarrytown during their lease negotiation, and the lease itself contained no mention of the local ordinance. The terms of the lease explained instead that provisions in the lease related to the parking of automobiles were subject to “any restrictions of local law, zoning, or ordinance.”[3] The relevant local ordinances were neither mentioned nor described in the lease outside of this generalized provision. Surprised and frustrated by its discovery, in September, 2013, Tarrytown asked the Landlord for a release from the Lease given the commercially frustrating nature of this local ordinance. The Landlord refused.
Tarrytown subsequently brought suit in New York supreme court against the Landlord seeking release from the lease. Specifically, it alleged that the Landlord fraudulently induced Tarrytown into signing the lease by refusing to disclose the local ordinance, and that the Landlord had breached an implied covenant of good faith and fair dealing by failing to disclose the ordinance. The Landlord brought a motion to dismiss Tarrytown’s complaint. The New York supreme court granted this motion to dismiss, but only in part, with respect to the cause of action alleging fraudulent inducement. The Landlord, believing that the supreme court erred by declining to dismiss the complaint in its entirety, and appealed the supreme court’s order.
On appeal, the Second Department ruled in favor of the Landlord, and found that the lower supreme court should indeed have dismissed Tarrytown’s complaint in its entirety. But why?

Tuesday 8 November 2016

The advantages of a litigation lawyer to an organization

There has been a major increment lately in the number of cases recorded by non-practicing entities. However, with the ascent of social media, organizations are increasingly worried about their ability to secure their trademarks, trade secrets and copyrights. In light of these patterns, organizations are more propelled than ever to protect their intellectual property. Nowadays, intellectual property can be a wellspring of both real income and considerable hazard. As encroachment and falsifying cases have turned out to be increasingly common, organizations have seen the potential costs required in securing their intellectual property rights.

Organizations require Intellectual property management strategy intended for maximum insurance. However, when case is unavoidable, they can likewise draw on professional intellectual property litigation team. Authorizing IP rights against encroachment regularly requires speedy and conclusive activity to secure injunctive alleviation and adroit promotion to recuperate fiscal harms. Professional litigation teams are known to be experienced in Patent encroachment, Post-grants review, Trademark encroachment and dilution, Trade dress assurance, unfair competition, and Copyright encroachment.
In the eminent stakes world of intellectual property litigation, whereby the innovation at issue can be unpredictable and complex, communication with the jury, judge or other neutral arbiter is essential. Most attorneys in the law firm are successful at imparting entangled ideas of truth and law in an unmistakable and influential way. They are at the front line of advising and contesting cases, and contriving imaginative legitimate techniques to help their clients secure their intellectual property and further their upper hand.

Nowadays in the legal environment, just a small rate of cases goes to trial. Along these lines, it is essential that you have counsel who is centered around your business targets and the most financially savvy method for accomplishing those goals. In the event that an inventive business resolution is all together, attorneys will dispute the case in a way that will drive the case along such resolution. A litigation lawyer is quite skilled in the means to second your side of a dispute to a judge to secure your rights and expand your chances of getting a good choice.

In a civil or commercial case, a litigation lawyer knows how to display your side of the argument in a way that boosts the possibility of getting a great result, paying little respect to whether you are bringing or safeguarding the case. This might be done in a court hearing or through some other dispute resolution components, for example, meditation and negotiation. The lawyer is your guide for exploring through all the Latin expressions and complex language you’ll discover in legitimate matters. This is one reason why professional one can be so useful and vital with regards to taking care of a lawful dispute.

However most civil cases do not go to trial, the trial is a definitive influence of a litigation lawyer since it is normally the first and the last opportunity to put forth your defense to a judge. It’s astonishing that the majority of prosecution is out of court, however great litigators dependably get ready for trial. Progressive business achievement and development in today’s worldwide economy increasingly rely on upon an organization’s capacity to protect invaluable Intellectual Property right.

Wednesday 2 November 2016

Services that Law Firm of Dayrel Sewell, Pllc has to offer

It is essential to know the services that a lawyer has to offer, before you hire anyone. This is to make sure that you are using the right lawyer with the right expertise. 

This is why you should know what services sewellnylaw has to offer. Then, you will know if they are the right lawyers to use, if you are in need of a business lawyer, or any type of lawyer. Here are some of the services that you can expect from this company:

Finding the best possible lawyer

It can be hard to find the best possible lawyer that you can trust, when you are searching for someone that has the necessary law experience that you need. 

If you are searching for any type of lawyer, you can go to sewellnylaw, They are making it easier to use a lawyer than before, and you don’t need to worry about searching for a great lawyer that will have your best interest at heart.

Business and corporate lawyer

If you are looking for a business or corporate lawyer, then you’re at the right place. At this company, you will find the right lawyer for any professional problems that you might need.

You might need to hire a business lawyer when you need to get a contract between you and your employees, or between you and a customer. No matter what type of business problem you have, you can count on their experience to find a solution for your corporate problem. 

Even, if you are searching for a business litigation lawyer, you will know that you are at the right place.

Real estate

Buying and selling a home without using agents, will mean that you need to hire a real estate lawyer that can handle the contracts between buyer and seller, and you need to pay the transfer fees if you’re buying a home. 

Finding a real estate lawyer that you can trust is hard, but using sewellnylaw will ensure that you’re using the best lawyers that you can find. Buying or selling a home is hard enough. You don’t need to worry about hiring a lawyer that has experience in real estate as well. They will ensure that everything is handled and that you don’t need to worry about anything when buying or selling your home.

It is important to make sure that you know the services of the law firm that you’re going to hire. And, this is the same when you’re considering using sewellnylaw. They are providing the best services, even has real estate lawyers. There are many companies that you can use for any law issues that you might have, but they are known as one of the best law firms that you can find online.