An executor or administrator generally has three primary duties with respect to an estate. These include identifying and collecting the assets of the decedent, paying the decedent’s outstanding debts and the expenses and taxes of the estate, and distributing the net assets of the estate according to the decedent’s will or state intestacy laws. WhileContinue reading “What does an executor or administrator of an estate do?”

Yes. Most employment and labor cases are resolved through alternative dispute resolution procedures rather than through traditional court litigation. Many labor agreements and employment contracts have clauses requiring employers and employees to pursue an out-of-court resolution of their dispute through formal mediation or through arbitration. Alternative dispute resolution has several benefits over court litigation, includingContinue reading “Can a labor or employment dispute be resolved without going to court?”

If you want to keep your business from getting into a costly, time-consuming employment or labor dispute, you should have well-written, effective employment and labor agreements that can solve issues or problems before they get to the point where they need to go to court. You should also have company policies and procedures that improveContinue reading “How do I prevent an employment or labor dispute?”

A restrictive covenant agreement can be enforced by the employer filing a legal demand against the party who breached the agreement or by filing a lawsuit in court. By filing suit in court, an employer may be entitled to obtain injunctive relief, or a court order barring a party from further breaches of the agreement.Continue reading “How is a restrictive covenant agreement enforced?”

Both New York and New Jersey are considered “blue pencil” states because courts in both jurisdictions have the authority to alter the terms or narrow the scope of a restrictive covenant to make the agreement enforceable. However, courts may decline to “blue pencil” a restrictive covenant if no reasonable modification of the agreement would makeContinue reading “What happens if a court finds that a restrictive covenant agreement is not enforceable because it is over-broad?”

In New York and New Jersey, courts will generally enforce restrictive covenant agreements so long as they have been voluntarily agreed to by all parties and the terms of the agreement are reasonable in scope, duration, and territory. In determining the reasonableness and therefore the enforceability of a restrictive covenant, courts focus on whether theContinue reading “When are restrictive covenants enforceable?”

Most real estate construction legal disputes are ultimately resolved through a negotiated settlement between the parties, often before the dispute ends up going to trial or even being filed as a lawsuit in court. While our firm understands the value of a quick and efficient resolution of a legal dispute through a settlement, we areContinue reading “Do all construction/real estate disputes end up going to court?”

No one can predict the timeline of a lawsuit with any certainty. Various circumstances will determine how long a real estate construction dispute might take, including how complex the legal issues and evidence in the case are, how many parties are involved in the case, the monetary value of the dispute, and even the scheduleContinue reading “How long does a construction or real estate lawsuit take to resolve?”

Commercial litigation is a branch of civil litigation. If you think about civil litigation as involving a dispute between two parties, commercial litigation involves non-criminal disputes between business concerns and other parties (which may be another business or a private individual). Since businesses do not have the same rights or categorizations as citizens, you needContinue reading “What are the differences between business/commercial and civil litigation?”

From start to finish, we will handle every aspect of your case. This includes a detailed investigation of the case, evidence gathering, obtaining expert witness testimony, representing you in negotiations and mediation, and fighting for your rights in court or via other regulatory or administrative proceedings to ensure the best possible result for you andContinue reading “How will the Choi Law Firm’s New York Commercial Litigation Attorneys help me?”