Frequently Asked Questions of Aronauer, Re & Yudell, LLP

The following information includes frequently asked business litigation questions. The answers stated are general in nature and are not intended to apply to every business litigation situation. Each case is different and carries its own set of circumstances that must be taken into consideration by competent legal counsel. By contacting the New York corporate attorneys of Aronauer, Re & Yudell, LLP, you can receive a personal consultation regarding your specific legal claim.

• What is Commercial Litigation?
• What do Business Law Lawyers do?
• What are the motives behind mergers and acquisitions?
• What are some of the most common types of business organizations?
• Should I hire a business law attorney?

What is Commercial Litigation?

Commercial litigation involves representing individuals and business entities in a wide a variety of area on local, state and federal levels in matters pertaining to such diverse areas as:

• Business Torts: including commercial defamation; trade dress, patent or trademark infringement (including Lanham Act suits); interference with contractual or economic relations; breach of fiduciary duty; fraud and misrepresentation; unfair and deceptive trade practices and other conduct or claims that affect the success of a business.
• Contracts: any other kind of written or oral agreement or understanding including agreements between a purchase and seller, agreements with a supplier, agreements between an employee or employer, agreements between a borrower and a lender, and agreements for the purchase and sale of commercial loans, including securitized loans.
• Franchise Disputes: including disputes between franchisors and franchisees and dealing with governmental agencies on behalf of franchisors.
• Real Estate: including disputes between purchasers and sellers of real property, including condominiums and cooperative apartments, claims between commercial landlords and tenants, obtaining Yellowstone injunctions to protect the rights of commercial tenants, and commercial foreclosures.
• Securities and Antitrust: claims involving securities and investments, claims arising under federal law--for example, Rule 10b-5, the 1933 Act, the 1934 Act--or state securities laws.
• Shareholder and Corporate Governance: shareholder inspection rights, duties of directors and officers, conflicts of interest, derivative actions, business judgment rule defenses, change of control provisions, dissent and appraisal proceedings, involuntary and judicial dissolution, minority shareholder rights and claims and valuation of closely held corporations.

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What do Business Law Lawyers do?

Business law encompasses rules, statutes, codes and regulations which govern commercial relationships and provide a legal framework within which business law attorneys may help you conduct and manage your business.

Business law attorneys help you with every aspect of highly diverse business law including areas such as banking and finance law, business formation and organization, business negotiations, business planning, transactional business law, acquisition, merger, divestiture and sale of businesses, and business litigation, as well as environmental, intellectual property, labor and civil law areas. For more information, please contact the Manhattan business lawyers of Aronauer, Re & Yudell, LLP.

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What are the motives behind mergers and acquisitions?

• Economies of scale: This refers to the fact that the combined company can often reduce duplicate departments or operations, lowering the costs of the company relative to theoretically the same revenue stream, thus increasing profit.
• Increased Revenue/Increased Market Share: This motive assumes that the company will be absorbing a major competitor and increasing its power (by capturing increased market share) to set prices.
• Cross Selling: For example, a bank buying a stock broker could then sell its banking products to the stock broker's customers, while the broker can sign up the bank's customers for brokerage accounts. Or, a manufacturer can acquire and sell complementary products.
• Synergy: Better use of complementary resources.
• Taxes: A profitable company can buy a loss maker to use the target's tax write-offs.
• Geographical or other diversification: This is designed to smooth the earnings results of a company, which over the long term smoothes the stock price of a company, giving conservative investors more confidence in investing in the company. However, this does not always deliver value to shareholders.

For more information, please contact the New York corporate lawyers of Aronauer, Re & Yudell, LLP.

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What are some of the most common types of business organizations?

The most common types of business organizations include:

• Sole Proprietorship - you are the only owner of the business.
• Partnership- which can take the form of a regular partnership, a general partnership, limited partnership or limited liability partnership.
• Corporation - the default form of a corporation is a C Corporation (also known as Subchapter C Corporation). Smaller corporations typically file for the S Corporation (Subchapter S) tax election so they are not double taxed.
• Limited Liability Company (LLC) - a hybrid formation that provides personal liability protection similar to a corporation, with the flexibility and tax advantages of a single proprietorship or partnership.

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Should I hire a business law attorney?

It's obvious that you should hire a business attorney if you're being investigated for securities fraud by the Securities and Exchange Commission (SEC) or a customer is severely injured by one of your products or on your premises. But, there are a lot of not so obvious reasons to retain a business law attorney.

For example, are you planning on forming a corporation or partnership? A business law attorney can counsel you on how best to deal with legal issues that can arise with forming these types of businesses and he or she can advise you on the best business formation for your needs. A business law attorney can also help research any possible intellectual property issues and issues relating to hiring employees, tax issues and other legal matters that can arise with forming and running a business.

If you or someone you know needs the assistance or legal counsel of an experienced business, franchise or litigation lawyer in Manhattan, or throughout the State of New York, contact the attorneys of Aronauer, Re & Yudell, LLP, today at (866) 766-2631, or complete the contact form provided on this site to begin your free consultation with a New York intellectual property attorney.

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