Articles Posted in Commercial Litigation

I tried a case recently which made it clear that the way I did it might be a little out of the ordinary.  Whether that’s a good or bad thing, is up to you. It was a bench trial, so it was just the parties presenting their cases to a…

How can you win your trial? The other day I stopped by a meeting. I didn’t have a lot of time, so I didn’t plan to stay long, but I saw a map on a table.  It had little dashed lines, weird-looking circles, and different shades of green.  Another guy…

How do you dissolve a Limited Liability Company in New York? Business owners don’t always plan for their business to end.  They start with a lot of hope and count on it being a success.  Things often change, though. Adversity strikes, cash flow slows, enmity grows, and positions harden.  One…

How do you know exactly what is included in your contract, and what is not? If your company enters into a contract to supply services, for example, the contract will include a provision for when and how you will be paid. What happens, though, if that provision, as it often…

The rules of contract interpretation are best learned from seeing how they are applied.  To use them, successfully, is to know them.  In our last article, we discussed some of the basic rules.  We will now see how one of them, giving the words of the contract their plain and…

What does your contract actually mean? You know what it says.  You know what you meant when you signed the contract and committed your business to it.  You thought it was clear and unambiguous.  What do you do when the other party claims you breached the contract and wants damages? …

Sometimes something new is scary; something out of the ordinary gets you concerned. It might not be quite the same as you’ve run into before, or it might be something completely different. When you’re faced with something new, and you don’t know quite how to react, what would you do?…

How can you prove something exists when it can’t be found?  If you ask an investigator, or a New York Litigator, it may not be as hard as you think. There are always facts to ponder.  The other day I was listening to a podcast with an astrophysicist explaining Dark…