Contracts and Agreements
Unfortunately, in this day and age, breaches of contract can’t be avoided entirely.
Business Litigation & Commercial Arbitration
You don’t go into business thinking of all of the possible legal situations you might face as a business owner.
Real Estate Law & Litigation
Commercial real estate disputes in New York City can be more frustrating than other types of litigation.
Disputing Deceptive Or Illegal Billing Practices
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.
As a New York business owner, you may feel powerless and at the mercy of a company that is billing you unfairly.
Creditor & Trustee Representation
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!
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.
Insurance Claim Disputes
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.
You will probably not go through life without having a dispute with an insurance company.