Breach Of Contract Litigation & Commercial Collections Attorneyfinancial justice for people who have earned the money and deserve to be paid
Contracts and Agreements
Unfortunately, as you know, it’s not uncommon as a business owner to receive an email from accounting saying, “this is going to be our final payment…”
…at a time when there is still a lot of money due under the contract. Your heart starts pounding and you reply to the accounting department with a copy of the contract, letting them know there is still a lot owed. The accounting department replies they will speak to the boss, and days pass. You follow up and the boss is on vacation, then the boss is away on business, then your calls and emails stop receiving any response at all. Some of the time the boss nicely informs you that they are unilaterally terminating the contract with some flimsy excuse.
These people are not above the law and a good plaintiff’s litigation firm will change that attitude quickly. Many times just receiving a letter from us is enough to get things back on track. Other times just filing legal papers earns compliance. It’s rare that too much litigation is needed to get justice.
We understand that your reputation is always at stake and while we are tough, we are fair and reasonable and always professional. For a free consultation, please call us at 646-326-9971.
Assoc & Supplier Vendor Contracts
Negotiating the best financial terms can make or break a company. Let us help.
Financial Services Agreements
Profit from our experience structuring & enforcing financial agreements
We structure equipment lease contracts & financing for buyers and sellers.
Marketing & PR Agreements
Marketing involves gov’t regulations, mob rule & moving targets. We can help
Software Licensing Agreements
Safeguard your intellectual property rights before you license them away.
Business Process Outsourcing (BPO) Contracts
BPO can be profitable or a complete disaster. Let’s make sure it’s the former.
Contract Review w/ Written Comments
We’ll help you to understand what you’re about to sign – your risks & duties.
Contracts customized to your business are affordable & far more effective.
We understand the acceptable compromises for major contracts & negotiate well.
Business Litigation & Commercial Arbitration* This is an actor portrayal of a judge and any resemblance to a real judge is purely coincidental.
Maybe you have been through a typical business lawsuit, maybe you haven’t.
If you haven’t, the way it works is that you lose the case slowly – one motion at a time – while you’re getting billed for complete and total victory. Your lawyer tries to paint the one line in your favor in an otherwise adverse decision as a moral victory. Eventually you fire your lawyer when you don’t believe the excuses anymore. You repeat the process until you settle the case because losing once is cheaper than losing 100 times.
If you look at why “the other guy” keeps winning, it’s because he/she has a better, more detail-oriented lawyer who works harder and submits more complete, better-researched arguments and supporting paperwork. “The other guy” isn’t paying more, just getting a better value for his/her money.
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. We reply faster. We think about the emails you send and incorporate them into our strategy. We’re better prepared than our adversaries. It’s not that we know the judge and win favors, its that we make it easy for the judge to rule in our favor by doing all of the needed work – not relying on the judge to do it for us.
For a free consultation, please give us a call at 646-326-9971.
Collections & Demand Letters
We offer flat-fee & contingency-based collections services including lawsuits
Cease & Desist Letters
Our forceful demands can avoid recourse to more costly enforcement measures.
Domain & Intellectual Property Disputes
We protect IP, recover stolen IP & catch employees stealing trade secrets.
Online Defamation & Slander
We help you to achieve retractions, redactions & compensation for damages.
We resolve partnership disputes without killing the value of the business.
Fraud & Theft
Get help prosecuting fraud or theft claims. We train loss prevention staff.
When (former) employees violate their contract & the law, we deliver justice.
Stop current/former employees & competitors from benefiting at your expense.
Commercial Lease Litigation
We litigate assignments, terminations, personal guarantees & security deposits.
Real Estate Law & Litigation
Commercial real estate disputes in New York City can be very frustrating – even more than most other types of litigation.
The reason is that the laws are complex and there is ammunition to lock up deals indefinitely in complex litigation.
Additionally, real estate is a local matter. Even though it is worth many millions and regulated by federal, state and local laws, real estate is typically as local as disputes get. Federal court is highly standardized and predictable, but the lower down you go, the more unpredictable it becomes. With landlord-tenant disputes being a prime example of a situation where anything might happen. Even activist judges will typically do the right thing. They just demand a higher standard before awarding a victory to the person or company they feel needs less protection.
So 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 reason is that 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 county. Much of the time they can predict how different judges will rule on certain issues because they have been before those judges so many times. We pack our pleadings full of research and effective arguments, and we can often be strategic about it and put in the right research and the right arguments for the judge who is hearing the case and successfully get you through the system that much faster.
For a free consultation, please call us at 646-326-9971.
We litigate assignments, terminations, personal guarantees & security deposits.
Lease Review & Negotiation
We’ll see that key terms favor profit and growth while limiting liabilities.
Real Estate Financing Agreements
Real estate can make or break you. A lot depends on financing. We can help.
Building Purchase & Sale
We work closely with business owners & investors to negotiate favorable terms.
Subtenants & Shared Spaces
Subleasing & shared workspaces are highly profitable if the risks are managed.
Construction brings many parties to the table, requiring complex provisions.
We’ll structure the best deal to be had, including deep finance negotiations.
Manufacturing & Industrial Spaces
We’ll see that safety, toxics, & fixtures are clearly addressed under the contract.
We negotiate/counsel on revenue-based rent, insurance, build-out, escalations.
Doctors aren’t always the best businesspeople so let us protect your interests.
Disputing Deceptive Or Illegal Billing Practices
It is unfortunately very typical that large companies, often with monopoly or semi-monopoly market power, engage in deceptive and often times illegal billing practices.
– Back-billing and over-billing with the threat of cutting off necessary services if you don’t pay promptly without any form of due process,
– Ignoring service cancellation requests and continuously billing for long periods of time,
– Billing without any authorization to begin with,
– Gaining authorization to bill for one thing and then billing for all kinds of other things,
– Deceiving you into giving permission to bill at rates or for services that you never agreed to;
Our challenge is to relentlessly force them 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 through aggressive complaints to regulatory authorities, litigation/arbitration and raw volume of calls, emails and questions.
If you want a dedicated fighter on your side, call 646-326-9971 for a free consultation.
Commercial Collections & Judgement Enforcement
There are a lot of people with zero respect for the law or their contractual obligations.
They just hang up when you call, flip you off and tell you to “go sue me.” The more honest of them explain they are having financial hardship and made the decision to transfer it to you. The least honest threaten to ruin your life, destroy your business or whatever else you can think of if you dare try and get your money. We understand that different people require different levels of communication and that your business reputation must be protected. But we also understand that you have to be paid.
There is no better feeling in the world than discovering hidden assets or successfully suing to undue the “asset protection” that they thought would protect them, and then making them do the right thing. Typically, they have too much pride to ever do right themselves, so an attorney or an accountant or some other agent calls up once the end-game is in sight and plays the victim.
“Hi, I’m calling on John the Bully’s behalf. Oh, you know, John is having terrible problems. His next rounding of funding didn’t come through like he thought. But he really feels bad and wants to do the right thing. Would you accept a down payment by credit card now since he doesn’t have the cash, and 4 payments over the next 4 months?”
Whatever games people play, whatever language they speak, we’ll make it right. If you have an account that needs to be collected or a judgement that needs to be domesticated and enforced, please call 646-326-9971.
Insurance Claim Disputes
Insurance companies are notoriously dishonest.
They start by selling you an insurance policy that excludes and limits most or all of the risks that you are buying insurance to protect yourself against. They use language that you would not understand even if you read the entire policy. And when you have a claim they drop your insurance, deny the claim and instruct their staff to refuse to speak with you. Oftentimes you have been wiped out and you need the money from the insurance to get back on your feet. They know that you’re in no position to sue them without the money and they use that to maximum advantage.
For that reason we often take insurance cases on contingency. Sometimes we can get results early in the process through a combination of legal demand letters, complaints to government agencies and aggressive follow-up. Other times we must file a lawsuit to wake them up, and oftentimes it requires litigation before any kind of meaningful payment is made.
Additionally, we can help you to structure and negotiate your insurance policies so that you have the coverage you think you have, or whether it makes more sense to self-insurance, 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 are 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 to closely held and family businesses seeking to capitalize on opportunities, avoid or mitigate risks and create long-term stability through good management and diligent business decisions. We help owners and directors structure successful transactions to improve profitability and liquidity including purchasing and selling entire companies or certain assets, restructuring the ownership, management and operations of the business, raising capital or entering joint venture agreements. We serve as general counsel for our clients, fulfilling daily needs and building long-term relationships of trust and confidence.
How can we help you?
The Bailyn Law Firm, P.C
6301 Mill Lane
Brooklyn, NY 11234
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