Breach Of Contract Litigation & Commercial Collections Attorneyfinancial justice for people who have earned the money and deserve to be paid
Contracts and Agreements
Unfortunately, in this day and age, breaches of contract can’t be avoided entirely.
There are simply too many people and entities out there with less than good intentions.
Having a solid contract in the first place, though – one that leaves nothing open to interpretation – can reduce the likelihood of a situation like this happening to your business.
Business owners in New York enter into contracts, leases, and other agreements every day without reading them carefully because they are busy, and the language in the document is usually too complex for them to understand. No matter what business you’re in, it’s essential to have an attorney go over any contract or agreement you’re contemplating entering into. If you don’t, you’re opening the door to possible trouble. We review contracts presented to our clients with a fine-toothed comb – clause by clause, line by line. We ensure that the terms are the most favorable they can possibly be for you before you sign.
We also see vendors, lessors, lenders and service providers drafting their own contracts, using preprinted templates they find online, then going ahead and executing the contracts without having an attorney look at them. This is a huge mistake! You may be an expert in your field, but it’s highly unlikely you have specialized knowledge in drafting contracts. Our attorneys have this knowledge and experience, can draft these contracts properly, and will save you a lot of money and stress down the line because the terms will be clear and unambiguous.
We draft and review supplier and vendor contracts, lending and other financial services agreements, equipment leases, marketing and public relations agreements, software licensing agreements including software-as-a-service (SaaS), and business process outsourcing (BPO) contracts.
We are highly skilled negotiators who will sit at the table with you as a contract is being executed.
We are also litigators who will expertly represent you in court if it comes to that – we are aggressive, yet fair and reasonable. If a party you’re contracted with attempts to terminate or otherwise disregard the contract, we will take action to change that attitude quickly. No one is above the law! In many cases, just receiving a letter from us is enough to get things back on track. Other times, simply filing legal papers earns compliance. It’s rare that too much litigation is needed to get justice.
For a free consultation, please call us at 646-326-9971.
Business Litigation & Commercial Arbitration* This is an actor portrayal of a judge and any resemblance to a real judge is purely coincidental.
You don’t go into business thinking of all of the possible legal situations you might face as a business owner.
You may not think you’ll ever have to hire an attorney to help you collect delinquent payments, for instance. Unfortunately, though, the chance is good that there will be more than one time when your efforts in this regard go completely ignored.
How about employees? The United States is a highly litigious country, and it could be said that no state is more so than New York. You may let someone go because his performance was not up to par, and have him turn around and sue you for wrongful termination. You could discover that a former employee is working for a competitor and has shared your business’ trade secrets.
The technological age brings with it a host of potential legal issues. Suppose someone writes a defamatory post about your business, or about you personally. Even if the post is a lie, it’s out there for all to see, affecting your reputation and that of your loved ones. Suppose you go to purchase a domain name that you have trademarked and find that someone has hijacked it and is demanding a large sum of money from you.
These are only some of the reasons that as a New York business owner, you will definitely require the services of an attorney at various points in time. And when you do, you want your attorney to be good. That’s where we come in…
See, if you haven’t been through a business lawsuit, the way it works far too often is that you lose the case slowly – one motion at a time – while you’re getting billed for “complete and total victory”. Your lawyer may try to paint the one line in your favor in an otherwise adverse decision as a “moral victory”. Eventually you fire this lawyer, and the next one…and the next one. Eventually, you settle the case without getting justice – because losing once is cheaper than losing 100 times.
“The other guy” keeps winning because he/she has a good lawyer – one who works harder, is more detail-oriented, and submits more complete, better-researched arguments and supporting paperwork.
We are good lawyers. We’re lawyers that win. Not by some force of magic – but by submitting a bigger stack of papers, so to speak. We work harder and reply faster. We think about the emails you send and the conversations we have with you, and incorporate them into our strategy. We’re better prepared than our adversaries. We make it easy for the judge to rule in our favor by doing all of the needed work ourselves – not relying on the judge to do it for us!
Let us partner with your business. For a free consultation, please give us a call at 646-326-9971.
Real Estate Law & Litigation
Commercial real estate disputes in New York City can be more frustrating than other types of litigation.
The laws are complex, and there is ammunition to lock up deals indefinitely in complex litigation. Additionally, although real estate is worth many millions and regulated by federal, state and local laws, it is at the core a local matter. Unlike federal court, which is highly standardized and predictable, the lower down you go, the more unpredictable it becomes.
In New York City, knowing what the law says and knowing how to win a case based on the law are two totally different things. The judge can interpret the law any way they want – and the judge won’t favorably hear arguments, maybe won’t even hear them at all, unless the court’s local rules and the judge’s own rules are satisfied. We have relationships with attorneys who work regularly in landlord-tenant court and in the Supreme Court in each New York county. Much of the time, they can predict how different judges will rule on certain issues. We can be strategic about our research and arguments, based on the judge who is hearing the case. As a result, we can likely get you through the system that much faster – and successfully.
We draft, review, and negotiate leases of all types, including office, retail, and healthcare. We are experienced on both the landlord and the tenant side. Subleasing, which is becoming particularly popular in New York City, is a great way for a business to cut costs by sharing space, whether as a prime tenant or subtenant. We specialize in sublease agreements.
In the event that you need to break a lease in New York, you have options. But it’s not something you should handle alone. Our attorneys can guide you through the process expertly and seamlessly.
We are knowledgeable in all aspects of the purchase and sale of New York City buildings: title search, zoning ordinances, negotiation of terms, financing, tax issues, and the closing process. We are experienced in public and private construction contracts from the perspective of anyone at the table: real estate developer, contractor, subcontractor or any other party.
Our attorneys are intimately familiar with M1, M2 and M3 zoning, performance standards and other regulations associated with manufacturing and industrial spaces in New York City.
Please call us at 646-326-9971 for a free consultation regarding your New York real estate matter.
Disputing Deceptive Or Illegal Billing Practices
As a New York business owner, you may feel powerless and at the mercy of a company that is billing you unfairly.
It is quite common for large companies, such as utility providers, to engage in deceptive – and oftentimes illegal! – billing practices. Since these entities frequently possess monopoly or semi-monopoly market power, they unfortunately get away with doing this to countless customers who feel that they have no recourse and that their hands are tied. Smaller firms, such as energy and technology companies, often engage in these practices too. Although they do not have the market power of the larger companies, they frequently stonewall any attempts at contact on the part of the person or business being billed, and sometimes bill for services without any authorization at all on a customer’s part.
Have you been overbilled, or billed for services you never authorized? Have you been threatened with an interruption of existing services until you pay these charges? Have you cancelled services and are still being billed? Is there a company billing you that you’ve never even set up an agreement with? Did a salesperson visit your business and deceptively obtain “permission” to bill you for something you never agreed to?
At Bailyn Law, we fight back for you! We will aggressively complain to regulatory authorities on your behalf, and litigate if necessary. We don’t stop: we call. We email. Frequently. We ask a heavy volume of questions. We are relentless! Our actions force the authorities, and eventually these rogue companies, to keep prioritizing our clients’ issues until we achieve some measure of justice. We have been very successful at fighting this kind of abuse of market power over small businesses and non-profits. We want to fight for you too! Please call us at 646-326-9971 for a free consultation.
Commercial Collections & Judgement Enforcement
If you’re like most businesspeople here in New York, you go into business thinking of the profits you will generate and the success you will have.
You’re not thinking about what’s going to happen if customers and clients don’t pay you!
Unfortunately, you have to think this way, though. The sad fact is that there are a lot of people with zero respect for the law or their contractual obligations. And you’re probably going to run across more than a few of them throughout the lifetime of your business. You’ll provide them with products and/or services in good faith, send them an invoice, and then never hear from them again.
You may have an accounting staff member whose job it is to reach out to late payers. This employee might come to you – maybe already has come to you – to say, “Joe Schmoe at Schmoe & Co. hung up on me when I called him today about his balance. He told me to tell you to go ahead and sue him!” You decide to take matters into your own hands and visit Joe at his office. His receptionist tells you he’s not there. As you’re leaving, you see him “flip you the bird” through the window! It happens. If you’ve landed on this page, it may have already happened to you. And it can get worse than that. You may not believe that someone who owes YOU money would threaten you for asking to be paid, but it happens…
Not all delinquent accounts are rude, of course. Sometimes they’ll tell you they can’t pay. They’re nice about it, but that doesn’t change the fact that now YOU’RE not getting paid.
When it comes to collections, there are no two ways about it: you need the power of a strong attorney in your back pocket. We are experienced financial litigators. We know how to get through to the tough cases while ensuring your business keeps the good reputation it’s earned. When someone says, “we cannot pay”, we don’t take them at their word. We are experts in uncovering hidden assets, and will sue if necessary to undo any sort “asset protection”. Our objective is to get our client paid.
We have been successful in collecting delinquent balances on behalf of our business clients. Once we take on your case, the chances are good that it will be resolved much more quickly than you thought, and full payment or a payment arrangement might occur without us even having to set foot in a court. We see through all the games and we know how to speak the language. We get results.
If you have an account that needs to be collected, or a judgement that needs to be domesticated and/or enforced, please call us at 646-326-9971. We’re ready to get you paid!
Insurance Claim Disputes
You will probably not go through life without having a dispute with an insurance company.
Most any insurance policy you buy will exclude and limit most – sometimes all – of the very risks that you are buying insurance to protect yourself against. In many cases there’s a substantial deductible on top of that. The language in insurance policies is unintelligible to the average person – even the average intelligent person. You can read the entire policy before signing, but you probably won’t understand it. You buy the policy anyway, because it’s important to be protected.
Then, when you have a claim, it is denied. Sometimes they drop you. The worst ones will flag your name in their system and instruct their staff not to speak with you. All the while, you are experiencing some sort of loss – the reason you filed the claim in the first place. You’re tired. You’re emotionally, mentally and physically spent. You’re often financially wiped out too. You need the payout from this insurance policy to get back on your feet.
The insurance company knows that you’re in no position to sue them without the very money they’re denying you. And they use that to maximum advantage – make no mistake about it.
For this reason, we quite often take insurance cases on contingency. We are committed to getting our clients what they deserve. In some situations, we can achieve results early in the process through a combination of legal demand letters, complaints to government agencies, and highly aggressive follow-up. But many times, litigation is required to wake them up. It’s unfortunate, but it often takes a lawsuit before any kind of meaningful payment is made.
We can also assist you in structuring and negotiating your insurance policies from the outset. This way, you’ll know that you have the coverage you think you have. Depending upon your circumstances and needs, it could make more sense for you to self-insure, set up captive insurance, or otherwise focus on risk management to lower your investment in insurance.
If you’re having an insurance dispute, or if you’re looking to avoid one, please call 646-326-9971 for a free consultation.
Bradley R. Bailyn, Esq. , Founder
Bailyn Law provides comprehensive legal and advisory services in the fields of bankruptcy and out-of-court debt workouts. We serve companies and individuals who wish to restructure their businesses or their finances to improve liquidity and increase profitability. We also advise creditors seeking to protect their legal rights and economic interests.
How can we help you?
6301 Mill Lane Brooklyn, NY 11234
One Rockefeller Plaza, Tenth Floor New York, NY 10020
The Bailyn Law Firm, P.C
6301 Mill Lane
Brooklyn, NY 11234
One Rockefeller Plaza, Tenth Floor
New York, NY 10020
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6301 Mill Lane Brooklyn, NY 11234
One Rockefeller Plaza, Tenth Floor New York, NY 10020