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Manhattan Bankruptcy Law Blog

Looming before the Supreme Court: sales-tax issue

Diverse businesses in New York and all across the country are daily focused upon tax-related matters that affect their enterprises.

Those issues are of course complex and many, given the intersection of local, state and federal tax rules and policies, and inattention or the wrong move made by a commercial entity can result in tax-driven business litigation.

The central importance of nondisclosure agreements, Part 2

Business principals in any commercial entity who have worked hard to grow their company and ensure its lasting viability obviously have a lot of internal data, processes, know-how and other proprietary information that they seek to jealously safeguard and protect.

And that concern assumes heightened importance in any instance where they share confidential company information with a third party - sometimes a business competitor - for various purposes.

Nondisclosure agreements: key business contracts, to be sure

Careful contract negotiation, drafting and enforcement are critically important for any business. Contracts are what define terms, set expectations, stipulate key timeframes, set forth parameters regarding financing, purchase/sale elements, due diligence, governing law and scores of other vital considerations.

In the truest sense, and along with a well-considered business plan, top-quality contracts spanning all major company functions and endeavors are critically important instruments for ensuring and driving continued business success.

Starting a business requires careful planning

The goal of starting and running a business is often never realized without careful planning. It is vital to develop a plan that is tailored to your specific goals. The business realm in New York and New Jersey require a well-crafted plan in order to achieve success.

Many business partners fail to understand the importance of their business plan. The attorneys at Rich Michaelson Magaliff Moser, LLP are here to change this. A business plan that evaluates all factors and creates a clear strategy will go a long way in building a successful company.

Perfume retailer hopes Chapter 11 spawns new business prosperity

A Chapter 11 bankruptcy filing by a commercial entity in New York or elsewhere can certainly signal the end a business life span for a company that has simply become overwhelmed by debt and other problems over time.

That is not always the case, though, as we note at Rich Michaelson Magaliff Moser, LLP. Although the seasoned commercial lawyers at our Manhattan law firm have helped many companies close their doors in the most efficient way possible on businesses that can no longer compete in the marketplace, we have also helped diverse clients across many industries effectively reorganize through Chapter 11. As we note on a relevant page our firm's website, we can often "use the reorganization process not only to eliminate debt, but to lay the groundwork for a long-running and successful business."

What precedes a partnership largely affects its success or failure

Few goals in life are fully realized without a considerable amount of advance creativity and effort being first expended by one or more individuals who are pursuing them.

The business realm in New York and elsewhere routinely tests that truism, especially as regards a start-up enterprise that is firmly on the minds of partners who seek to transform a commercial idea from an on-paper potentiality to a proven marketplace success.

Acquisition by closely held company: Are there benefits to that?

We noted in a recent blog post the stated view of one business principal whose company was bought out by a closely held enterprise that the new ownership platform would better enable him as CEO to make decisions more firmly aligned with the company's interests.

That individual was contrasting his new reality with what he said previously existed, namely, the regular intrusion of activist investors more focused on short-term profits than on long-term business viability.

Proven company head questions short-term business focus

Ron Shaich clearly knows what he is talking about when dialogue turns to the enumeration of factors that best fuel sustained business success.

Proof of that emerges powerfully and quickly via empirical evidence that focuses closely on the performance of Panera Bread Co. over the years. Shaich is the chief executive officer of that popular national food chain, and he has driven the eatery's long-term success in a manner that has undoubtedly engendered strong envy among other restaurant industry principals in New York and across the country.

Spectrum may face NYC franchise revocation if found to have breached contractual obligations

New York City readers may be aware of the current challenges Spectrum—formerly known as Charter Communications—is facing here locally. For those who haven’t heard, Spectrum is currently working through a worker strike, and even facing potential threats to its franchise in New York City.

With respect to the strike, Spectrum has been unable to reach an agreement with the International Brotherhood of Electrical Workers Local 3, the union representing its employees, over various issues. These include Spectrum’s decision to reduce its contributions to employee pensions and health insurance. In addition, the union has accused Spectrum of violating its franchise agreement. Last week, Mayor de Blasio suggested this could lead to the company having its franchise agreement revoked.