Legalities & Realities®: The Blog

Whether you're managing a successful business, overseeing an investment entity, or involved in a high-value partnership, knowing where your company can bring or defend a lawsuit is a critical piece of protecting your legal and financial interests, especially when disputes involve significant income, equity, or assets. For many companies operating across state lines, questions often arise about whether a corporation or limited liability company (LLC) can sue, or be sued, in New York State courts.

When personal and professional success intersects with marriage, planning ahead can protect hard-earned assets and minimize future disputes. One increasingly common tool for doing so is the post-nuptial agreement. But what exactly is a post-nuptial agreement, when will it be enforced, and when might a court set it aside? Here, we break down everything successful individuals should understand before proposing, signing, or relying on a post-nuptial agreement.

When high-stakes disputes arise in the administration of trusts or estates, especially those involving real property, significant assets, or family businesses, fiduciaries are often required to make complex decisions that carry legal, financial, and emotional consequences. In these moments, a powerful but carefully limited legal tool becomes available in New York: the Advice and Direction proceeding under Surrogate’s Court Procedure Act (SCPA) § 2107.

If you were not aware, back on November 17, 2023, Governor Kathy Hochul signed significant amendments to New York’s General Obligations Law § 5-336, impacting how confidentiality provisions (also known as non-disclosure agreements or NDAs, whether separately or within settlement or other agreements) can be structured in settlements involving claims of discrimination, harassment, or retaliation.

In the high-stakes world of trust and estate litigation, the appointment of a fiduciary, whether an executor, trustee, or administrator, is a powerful and trusted role. But what happens when that fiduciary fails to meet their obligations? What if their actions or inactions threaten the estate, the beneficiaries, or the business interests involved?

In the world of business, wealth, and personal legacy, trusted relationships are everything. But what happens when trust is abused, particularly when someone misuses a Power of Attorney (POA) to take advantage of another’s finances, assets, or well-being?

Contracts are foundational in business, employment, matrimonial, and trust and estate matters, especially when significant assets and interests are involved. Yet, when contract terms regarding performance become unclear or are challenged, how do courts determine what the parties initially intended?

The U.S. Supreme Court recently heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could significantly change the landscape for employment discrimination claims under Title VII of the Civil Rights Act.