Contracts, Commercial Law and Commercial Litigation
BUSINESS LAW, COMMERCIAL AGREEMENTS, AND COMMERCIAL LITIGATION
The Law Offices of Michael W. Goldstein is a New York law firm that represents clients in various legal matters involving Business Law, Corporations, Limited Liability Companies, and Partnerships. We draft and negotiate diverse agreements which arise in commercial transactions and business relationships, such as contracts with customers, vendors and other suppliers, joint venture agreements, employment contracts, independent contractor agreements, construction contracts, home renovation contracts, and other commercial agreements, as well as the purchase or sale of a business. Our firm also represents clients in commercial litigation in New York Sate.
QUALITY LEGAL SERVICES
We believe that our clients are best served through a practical and business-oriented application of our diverse skills. Our business law and accounting background enables us to focus quickly on the legal and economic issues.
Our firm seeks to not only analyze and resolve legal issues, but also to assist each client in achieving their immediate and long-term goals. At the core of the firm’s practice is the negotiation and drafting of commercial agreements, and representing businesses and individuals in business transactions, and commercial relationships.
PERSONAL SERVICE AND COMMITMENT TO CLIENTS
Our clients can expect the Law Offices of Michael W. Goldstein to be responsive and genuinely interested in each client’s legal matters. We communicate with our clients on a regular basis. Telephone calls are answered promptly, and ample time is devoted to each client. We believe that our future is linked to the success of our clients. The firm is committed to continually strive for excellence in both legal services and client relations.
THE IMPORTANCE OF CLEARLY DRAFTED CONTRACTS
In the course of operating a business, and even in one’s personal life, we enter into many types of contracts and written agreements. Written agreements are important, especially for businesses, since reliable sources of products, parts, equipment, labor and services are essential for a successful business.
If you sign any contract, even a “standard contract” or proposal without competent legal representation, you may be positioning yourself at a distinct disadvantage. If the other party=s attorney prepared the contract, that lawyer probably drafted the contract for the sole purpose of protecting his or her client=s interests. In that situation, it is vitally important that your attorney protect your interests as well.
Similarly, if the other party, or even both parties together, prepared the contract without a lawyer, it may be vague, and might not properly express the parties’ intentions at all. Also, while the parties’ self drafted agreement might appear to be fair, it may lack important legal provisions, thereby rendering the entire agreement void and unenforceable. Alternatively, even if it is a legally binding, enforceable and fair contract, it may nevertheless be silent on certain key issues, thereby inviting litigation in the event of a dispute.
AVOIDING THE UNFAIR CONTRACT
The purpose of a contract should not be to trap one party or the other. A proposed agreement that is a trap for the unwary should not be signed. Instead, it should re-negotiated and revised or redrafted, to create a fair and workable relationship. The Law Offices of Michael W. Goldstein is proud of our thorough negotiation and meticulous drafting of many types of contracts.
THE CONTRACT IS THE “RULE BOOK” FOR GOVERNING BUSINESS CONDUCT
We believe that at the inception of a business relationship, the parties should negotiate and sign an agreement containing the terms that will function as the “rule book” for the conduct of their business. An excellent time to do this is when the parties to a transaction or business deal are working together to achieve mutually desirable goals. Expanding the scope of an agreement to cover issues that may only become relevant in the event of a disagreement or misunderstanding often prevents potential disputes from escalating into lawsuits.
When misunderstandings arise between parties to a commercial transaction, their contract is usually the first place they look to determine the parties’ rights and obligations, and to resolve disputes promptly. Therefore, the contract negotiation and drafting stage is the optimum opportunity to clarify the parties’ rights, responsibilities, duties, understandings and expectations.
WE WILL CAREFULLY NEGOTIATE AND DRAFT YOUR CONTRACT
The Law Offices of Michael W. Goldstein negotiates and drafts contracts for various types of transactions, commercial relationships and business deals. We often anticipate many potential issues that might arise in the future, and attempt to address those issues in the contract. Once our clients have explained the substance of their oral agreement, and their expectations, we thoroughly negotiate, review and/or draft the contract, with the aim of safeguarding our client’s rights, and avoiding potential disputes. The advantage of hiring a lawyer experienced in contract negotiation and drafting cannot be overemphasized.
We draft and negotiate many diverse agreements which arise in commercial transactions and business relationships, including:
•Limited Liability Company Operating Agreements
•Stock Buy-outs (One Shareholder Purchasing another Shareholder’s Stock in a Corporation)
•Contracts and Other Documents for the Purchase or Sale of Various Types of Businesses including Asset Sales and Stock Sales)
•Independent Contractor Agreements
•Confidentiality and Non-Compete Agreements/Non-Competition and Non-Disclosure Agreements (NCND)
•Joint Venture Agreements
•Business Management Agreements
•Contracts with Customers, Vendors and Other Suppliers
•Contracts for Construction and Home Renovation Projects
Examples of some of the numerous agreements we have prepared include:
•Contract between a multinational corporation and a domestic package design company to redesign the corporation’s product packages
•Contract involving computer consulting companies performing specialized services for the New York Stock Exchange
•Settlement Agreement resolving contractual disputes between one of the world’s largest toy stores, and a creator and publisher of personalized children’s books
•License Agreements between a large retail store and a concessionaire
•Contract between an independent consultant and a New York State agency for the consultant to oversee and monitor other companies’ work on the overhaul of the medical reimbursement rates for out of network healthcare providers
If an unresolved dispute leads to litigation, The Law Offices of Michael W. Goldstein is ready to represent you. We provide our litigation clients with the same level of professionalism and dedication that all of our clients have come to expect from our firm. We represent businesses and individuals in Commercial Litigation, such as:
•Breach of contract actions
•Shareholders’ derivative actions
•Obtaining an injunction preventing use of a business name similar to a client’s business, causing customer confusion
•Lawsuit by an author against a book publishing company
•Commercial litigation involving various business disputes
There are strict time limitations that apply to New York lawsuits, including commercial litigation, and other types of New York litigation. The statute of limitations (time limit for commencing litigation) varies depending on the type of case, and in some instances, depending on the defendant being sued. Furthermore, many types of claims and lawsuits also have other time limitations (in addition to the statute of limitations), such as time limitations for filing a Notice of Claim, Notice of Intention to Make Claim, and other important documents.
WINNING A LAWSUIT IS GOOD, BUT AVOIDING A LAWSUIT IS BETTER
Litigation is an expensive and time consuming method of resolving disputes. It may also be a huge distraction that interferes with managing your business. Many litigants also find the process frustrating and emotionally draining.
The time and effort invested at the initial stages of a business or commercial transaction to achieve a comprehensive agreement may be one of the most important steps toward a successful business venture. Regardless of what type of commercial transaction or agreement you or your business are entering into, we strongly recommend that you enter into a carefully negotiated and drafted contract. Our vast experience supports our belief that this is the best way to protect your legal rights, and to minimize the possibility of legal disputes. In the course of representing you in the contract negotiation and drafting stage, our primary goals include protecting your interests, and avoiding the ambiguities that may lead to litigation.
We recognize that legal services must be cost effective and provide value. Our firm’s legal fees are fair and sensitive to the client’s personal and business requirements, as well as realistic in view of the magnitude of the particular transaction or controversy.
Our legal fees for drafting, negotiating or reviewing most contracts, and for most other commercial matters are usually based on the time we spend representing the client. Therefore our retainer agreement typically provides for hourly fees with an initial retainer deposit. Our initial retainer and subsequent retainer deposits are applied against the actual time we spend representing the client. Therefore, when the legal matter is concluded, any portion of the retainers that exceed the legal fees we have earned will be refunded to the client.
For some transactions, the client may choose either hourly fees or flat fees. For certain commercial matters, another option may be a reduced hourly fee plus a reduced contingency fee. An example of such a “blended fee” would be one half of our usual hourly fee, plus one half of our usual contingency fee. The client would advance the costs and disbursements.
TELL US ABOUT YOUR CASE OR LEGAL MATTER
To have your case or legal matter reviewed, we invite you to complete one of our Questionnaires, or click Contact Us to send an email. You may also call Michael W. Goldstein to discuss your case or legal matter by telephone, or to schedule a consultation at our office.
The information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your legal matter or case with a NY lawyer or New York attorney promptly.
Visiting our website, submitting any information via questionnaire or email, or discussing your case with us does not create an attorney-client relationship. An attorney-client relationship with our law firm can only be established with the signing of a written retainer agreement prepared by our law firm.
Under New York law, in the event there is no recovery in a contingency fee case, the client is responsible for the expenses of the litigation, including court costs and disbursements.
Prior results do not guarantee or predict a similar outcome with respect to any future case or legal matter.
This website is not intended to solicit clients for commercial law, commercial litigation, contracts, or any other legal matter outside of New York State. However, we do represent clients who live outside of New York State, and are engaged in a New York State commercial transaction, or New York commercial litigation, or who need legal services for other legal matters that involve New York law, or a dispute that is or may be litigated in the courts of New York State, or disputes that may be arbitrated or mediated in a New York State Alternative Dispute Resolution forum.
NEW YORK LAWYER DISCLAIMER
Our website contains general information regarding New York contracts and commercial law. The information in this website involving New York business law, contract law, commercial transactions, joint venture agreements, employment contracts, independent contractor agreements, construction contracts, home renovation contracts, and other commercial agreements, NY business law, NY contract law, NY commercial law, and New York commercial litigation, or other New York legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your business law, commercial law, or other legal matter with a NY business lawyer or New York commercial attorney promptly.
Law Offices of Michael W. Goldstein is a New York commercial transactions and business law firm, New York commercial lawyer and NY business attorney, also representing clients in commercial litigation. We represent clients in New York contracts, N.Y. business transactions, New York commercial litigation, and all other legal matters affecting businesses in New York State. We also represent clients in various legal matters involving business and commercial law, as well as commercial litigation throughout New York State, including New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and upstate New York.
Law Offices of Michael W. Goldstein, a New York Business Law Firm