Strangers to Agreement Can Invoke the Merger Clause and Parole Evidence Rule to Avoid Liability

The Appellate Division, First Department recently held that a defendant who is not a party to an agreement may rely upon the merger clause and parole evidence rule to avoid the introduction of prior drafts of the agreement, negotiations and other communications from being considered when determining...
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A Few Key Items To Consider When Starting a Business With Multiple Partners

When starting a business with multiple partners, there should be some type of operating agreement or stockholders agreement in effect.  Too often our attorneys receive phone calls from prospective clients with issues regarding the operations of their company, and in particular, issues with thei...
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My business relationship with my partner has gone bad – can my partner remove property from our office

Sometimes business relationships turn sour and the unfortunate task of winding down and dissolution of the business needs to occur.  However, generally speaking the property of the business should never be removed from the business property unless the partners have agreed to such removal (whether ...
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What to expect when appearing at a New York deposition

Your appearance at a deposition can be an overwhelming experience.  This is especially true if you have never appeared at a deposition.  So what is a deposition?  Why is it necessary?  A deposition is a part of the discovery process authorized under Article 31 of the New York Rules of Civil P...
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employment agreement

Stop! Don’t sign that Employment Agreement until you speak to an Attorney

  Unfortunately, at least three times a year we have to explain to unwary clients that they cannot work for a certain company due to a restrictive covenant in their employment agreement, employee handbook, or company policy.  The disbelief lingers for quite some time – “How can they stop me fr...
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