New York Business Lawyer

Sophisticated New York Business Lawyer Handling High-Stakes Cases

Attorney Richard Pu handles business litigation in both state and federal courts. Often, the matters that he handles involve millions or hundreds of thousands of dollars. It is critical to retain an experienced litigator if you are anticipating or involved in business litigation. Lawsuits are complex, and they require a different skill set than does transactional law, which involves deal making. Richard Pu is ready to advocate aggressively for your interests.

Business Law

Business law gives rise to both contract and tort claims. Contracts are agreements that are enforceable because the parties agreed to be bound by the agreement and met other formalities. However, society also imposes certain obligations on people and businesses, and if these obligations are not met, a tort has occurred. For example, a bank owes a duty of care to a corporate account holder. Failing to meet that duty of care can result in a lawsuit arising out of the bank’s negligence. Certain relationships are based on a heightened degree of trust. When a corporate officer breaches a fiduciary duty to a shareholder, for example, a business attorney in New York can help the shareholder sue for damages. There are also a number of statutes that businesses must follow, such as the Securities and Exchange Act of 1934.

Breach of Contract

Most businesses enter into many contracts. A breach of contract action is a claim in which the plaintiff must show the existence of an enforceable contract, performance by the plaintiff, non-performance by the defendant, and damages arising from the breach. In order for a contract to be enforceable, certain elements need to exist, including an offer, acceptance, consideration, mutual assent, and intent to be bound. There must be a meeting of the minds sufficient to result in an enforceable contract. Sometimes one party’s performance has been conditioned on the other party’s performance, so a failure to perform by the defendant may excuse the plaintiff from performing.

Business Torts

Society obligates businesses and individuals to meet certain obligations. For example, there is a duty for businesses to be honest with consumers. If a business cheats a consumer, there may be a basis to sue for common law fraud with the assistance of a New York business attorney. Business tort claims may allow for the recovery of punitive damages, in addition to compensatory damages. There are also certain statutory obligations imposed on businesses by laws such as the Securities and Exchange Act of 1934. The federal Racketeer Influenced and Corrupt Organizations Act (RICO) provides a cause of action in connection with the commission of certain crimes. When relationships are especially trusting, and one party has better access to information, the law finds a fiduciary duty and imposes heightened responsibilities on the fiduciary.

Partnership Disputes

Business partners have a fiduciary relationship to one another. Partnership disputes often arise because the partners cannot agree on how a business should be run. Although a partnership can exist without a written agreement, a written agreement can provide the important terms and conditions on which the partnership is founded and structure the rights and responsibilities of each partner. The partnership agreement may specify under which conditions a partner can dissolve the partnership or withdraw. The New York Partnership Law covers disputes and scenarios not covered by a written partnership agreement. As a business lawyer in New York, Richard Pu understands the complexities of how partnerships function.

Securities Fraud

Both federal and state law prohibit securities fraud. Securities fraud occurs if somebody makes a false statement about a company or the value of its stock, and others rely on the false information in making decisions to buy or sell the stock. One of the most common grounds for a securities fraud claim is SEC Rule 10b-5. To recover damages under 10b-5, a plaintiff would need to establish a material omission or misrepresentation, scienter, a link between the misrepresentation or omission and the buying or selling of the security, reliance, economic losses, and causation.

Legal Malpractice

In a legal malpractice lawsuit, a plaintiff will need to establish that the lawyer did not exercise the ordinary, reasonable knowledge and skill commonly possessed by other lawyers, and they were harmed by the lawyer’s malpractice. Not all mistakes by lawyers can be considered legal malpractice. If a strategy is reasonable yet does not work, that strategy is not legal malpractice. The plaintiff will need to prove that if there had not been malpractice, it is more likely than not that the plaintiff would have had a better result. A plaintiff will need to bring a legal malpractice lawsuit within three years after the time that the lawyer stopped representing the plaintiff.

Equitable Remedies

Legal remedies, such as contract law, do not always provide adequate relief. Under some circumstances, equitable remedies may be available to supplement the legal remedies. These are provisional remedies that are intended to keep the status quo while litigation is underway. Equitable remedies can include a receivership that places the defendant’s business under the control of someone whom the court appoints. They can also include an injunction that requires a defendant to stop engaging in a certain course of conduct or to take certain actions while litigation is pending. New York business lawyer Richard Pu can help you explore and pursue equitable remedies that may be appropriate in your case.

Federal Civil Procedure

Federal court has its advantages and disadvantages. It is often perceived that federal court is more rigorous and that it is a better place for complex lawsuits. One potential disadvantage is that a complaint needs to set forth enough facts to make it plausible that a plaintiff is entitled to the relief sought. A plaintiff may not be able to establish plausibility if the defendant has exclusive possession of crucial facts. Generally, however, many knowledgeable lawyers would prefer to be in federal court, and large firms often try to remove litigation to federal court from state court.

Child Victims of Rape or Incest

Under the Child Victims Act, New York has lifted the statute of limitations that normally applies to civil lawsuits for rape. Under this law, people who are currently younger than 55 and who were victims of sexual battery or incest while under age 18 have from 8/14/19-8/14/20 to bring a lawsuit for damages that would otherwise be barred. A rape victim can sue not only the perpetrator of the sexual battery but also people or institutions whose negligence or intentional misconduct caused or permitted the rape to occur. For example, you can sue a church or a school that hired someone unfit who committed the rape. This is important because usually institutions such as churches or schools have assets and funds that are far more substantial than those possessed by an individual rapist.

Consult an Experienced Business Attorney in New York

Often, securing the services of an experienced and knowledgeable attorney is extremely expensive. Lawyers at large firms sometimes bill more than $800 per hour, and bills can amount to millions of dollars. Mr. Pu previously worked at a large law firm and can deliver the same excellent legal service at a fraction of the cost. He prefers to be contacted by email at Richard@newyorklitigator.com, but prospective clients may also call him at (212) 427-3665.

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