Force Majeure Defenses to a Contract in New York

When negotiating a business contract, smart companies try to include all possible defenses in the contractual language to excuse nonperformance through force majeure clauses. In situations such as the unexpected outbreak of the coronavirus (COVID-19), companies find themselves unable to do business as usual, produce as promised, or deliver on agreed upon deadlines. New York’s […]

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MOWK Blog - Trial Rights

Speedy Trial Rights for Defendants When New York Criminal Courts Close

In consideration of the coronavirus pandemic sweeping the globe, government agencies all over the United States have taken drastic measures to avoid gatherings and encourage social distancing to prevent the further spread of the virus. In response to the evolving crisis, New York has dictated all non-essential state court functions be postponed until further notice, […]

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Lady Gaga’s Father Refusing to Pay the MTA Rent on His Grand Central Terminal Restaurant

In a lease- and rental-centric area like New York City, the importance of the landlord-tenant relationship can’t be overstated. The relationship establishes the rights, obligations, and details for parties involved in renting or leasing property; it should theoretically help avoid tenant lawsuits, eviction actions, and other legal suits. However, conflicts and questions arise when tenants […]

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Buying and Selling a Business

Buying and Selling a Business in New York

Buying or selling a business in New York can be very profitable for everyone involved – if you take the steps to maximize sale benefits and reduce risk of loss or liability. There are many steps to take that evaluate and address all parts of the transaction and omitting or mishandling any one of them […]

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What Is a Trade Secret and How Is It Created?

Anyone going into business needs to have a product or service others want in order to be successful. For some people starting a New York business, they have certain critical proprietary information that isn’t quite eligible for protection by patents, trademarks, or copyrights, but is still necessary to their success and would be extremely harmful […]

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What Would a Change to New York’s 50-a Law Mean?

Now that New York’s Senate is under the control of Democrats, the state’s controversial 50-a law is being looked at with an eye towards revision or repeal. This could mean sweeping changes surrounding misconduct involving the police and other corrections personnel. What is 50-a? In the New York Civil Rights Law, section 50-a declares that […]

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