FTC Proposed New Rule Banning Noncompete Agreements

3/13/2023 – On January 5, 2023, as authorized by President Biden’s Executive Order, the Federal Trade Commission published a proposed rule that seeks to ban most noncompete agreements, including those agreements that already existed prior to the rule’s effective date. The rule is not yet law and is subject to change before the FTC publishes a final rule. READ MORE

Preparing for New York’s Workplace Discrimination and Harassment Reform

9/24/19- Effective October 11, 2019, key provisions of New York’s new workplace discrimination and harassment reform law will take effect. The new law redefines discrimination and lowers a plaintiff employee’s burden of proof against an employer, while discarding affirmative defenses previously available to employers. Employees who prevail in their claims will be entitled to greater financial remedies.  The law applies to all employers within New York State, and no longer exempts employers with fewer than 4 employees. Employers can take precautionary measures to prepare for the changes. READ MORE


The Corporate Veil: Protecting Your Personal Assets From Your Business’s Liabilities

2/14/18 – New York law treats a corporation as an independent entity, separate and apart from its shareholders, and enforces a legal buffer that stands between the corporation’s liabilities and the shareholders’ personal assets known as the “corporate veil.” However, merely incorporating the business does not automatically bring a corporate veil into existence; to be afforded the veil’s personal protection, it is imperative for shareholders to respect their corporation as its own independent body, entirely separate from themselves. A creditor may be able to “pierce the corporate veil” and pursue shareholders’ personal assets directly if the shareholders have failed to appropriately followed the necessary practices and formalities. READ MORE


Planning for Unanticipated Business Partners

12/28/17 – Virtually anyone who goes into business with one or more partners does so because those partners bring something to the table – often expertise, experience, or creativity. What happens, however, if a partner dies, divorces, files for bankruptcy, or simply wants to sell his or her share in the business? The other owners may be surprised to learn that they would suddenly be in business with their partner’s spouse, heir, or even a complete stranger who lack the qualities that were sought from the original partner, but can nonetheless make decisions on behalf of the business. In most cases, business owners can prevent these unanticipated transfers if they plan ahead. READ MORE