Kirwan LawSyracuse NY Lawyers | Business Law, Litigation Attorneys2026-05-29T01:58:02Zhttps://www.kirwanlawnewyork.com/feed/atom/WordPress/wp-content/uploads/sites/1404922/2025/10/cropped-Kirwan-law-site-icon-32x32.pngOn Behalf of Kirwan Law<![CDATA[Short-term and long-term car accident damages]]>https://www.kirwanlawnewyork.com/?p=490312026-05-29T01:58:02Z2026-05-29T01:58:02ZYou can seek compensation for damages suffered in a car accident. Two of the most common areas are medical bills and lost wages, but there are many other areas to consider, such as pain and suffering, loss of consortium, emotional trauma and more.
One key thing to remember is that there are both short-term and long-term damages, and you should try to include them all in any potential settlement. Short-term damages may include emergency medical treatment, transportation to the hospital and lost wages while you are either in the hospital or recovering at home.
Long-term expenses
But even if those short-term expenses are covered, you do not want to forget about your long-term damages. These are expenses that go far beyond your immediate costs.For example, say that you have suffered a spinal cord injury. You are going to need in-home care, physical rehabilitation, medication, surgery, physical therapy and many other medical services that go beyond emergency treatment. Some SCIs can cost over $100,000 annually. At the same time, even if you can eventually return to work in some capacity, you may be able to seek compensation for lost future wages or a reduced earning capacity. If you have a permanent injury or long-term disability that is going to change how much you can earn, and you deserve compensation for that reduction in wages that you and your family previously expected.
The complexities of a personal injury case
Seeking full compensation can be complicated. If you have been injured due to someone else’s negligence, it can help to work with an experienced personal injury attorney.]]>On Behalf of Kirwan Law<![CDATA[Dealing with a partner who has breached their fiduciary duty]]>https://www.kirwanlawnewyork.com/?p=490282026-05-17T22:11:23Z2026-05-17T22:11:23ZPeople who become business partners generally already know each other personally and/or professionally. That means they typically believe they can trust one another. However, President Ronald Reagan’s famous words during the Cold War, “trust, but verify” (actually a Russian maxim), apply here as in so many business situations.A solid partnership agreement is key to helping ensure that partners are clear in their obligations to each other and to the business and those who depend on it. It also needs to codify what the potential ramifications and remedies are for breaching their fiduciary duty to act in the best interests of the business (usually to benefit themselves or others).Business partners as well as directors, if there are any, and other officers and managers have fiduciary duties to the company. They’re often in a position to take advantage of their access to assets and information and misuse them. That’s why a breach of fiduciary duty can come with civil as well as criminal consequences.
What does a breach of fiduciary duty look like?
Among the most common partner breaches of fiduciary duty are:
Self-dealing (acting for one’s own benefit or that of someone else instead of for the benefit of the business)
Misuse of business assets or confidential information
Insider trading (using nonpublic information for profit)
Not disclosing a conflict of interest or other pertinent information
Incompetence or negligence can also be a breach of fiduciary duty. Those that have a fiduciary duty are expected to act with care and to know what they’re doing.
Remedies if someone breaches their fiduciary duty
The first step in holding a partner civilly liable for breach of fiduciary duty is to prove that they had a fiduciary duty, that they breached it and that the breach caused harm that can be compensated.Plaintiffs generally seek monetary damages to compensate the business for harm done to it – for example, if a partner was stealing potential clients for themselves, or maybe a relative or diverting earnings into their own offshore or other personal or business accounts.An important early remedy to a breach of fiduciary duty is often an injunction to prevent the partner from continuing their harmful actions. That’s why it’s critical to get legal guidance as early as possible if someone suspects a partner or other person with fiduciary duties of a breach. That can help protect a business’s interests from suffering any further harm.
]]>On Behalf of Kirwan Law<![CDATA[Can buyers back out after discovering environmental concerns?]]>https://www.kirwanlawnewyork.com/?p=490262026-05-14T13:51:43Z2026-05-14T13:51:43ZCommon environmental issues that may affect a sale
Environmental problems may appear during inspections or property reviews. Some issues may affect health while others may lower property value or delay financing. Common examples include:
Underground oil tanks
Mold, asbestos or lead paint
Soil or groundwater contamination
Flood zone or wetlands restrictions
Hazardous materials from prior industrial use
Septic or water quality problems
Nearby contamination from neighboring properties
These discoveries may make you question the purchase. In some cases, lenders or insurance companies may also refuse to approve the transaction until the issue is addressed.
What the purchase agreement may allow
The contract will usually decide whether you can cancel the deal. Many real estate agreements include inspection or due diligence contingencies. These terms give buyers time to review the property before closing.
The agreement may also cover inspection deadlines, testing rights, cancellation rules and cleanup duties. If you miss deadlines or waive certain contingencies, you may lose the right to back out later.
When disputes arise over disclosure
Real estate disputes sometimes begin after buyers believe the seller knew about environmental problems but failed to disclose them. In older properties, disputes may involve prior repairs, contamination history or earlier inspection reports.
Commercial transactions place more responsibility on buyers to investigate the property themselves. Still, disputes may arise if buyers claim the seller hid information or made misleading statements during negotiations.
How environmental concerns may affect the transaction
Environmental problems can affect more than the purchase price. Buyers and sellers may disagree about deposits, financing delays or cleanup costs.
Some parties may renegotiate the deal after discovering the issue. Others may decide to end the transaction. If neither side accepts responsibility, the dispute may lead to litigation.]]>On Behalf of Kirwan Law<![CDATA[Choosing a business structure for your start-up]]>https://www.kirwanlawnewyork.com/?p=490242026-05-02T01:37:32Z2026-05-02T01:37:32ZLLC
Many entrepreneurs find that a limited liability company (LLC) strikes a balance between protection and simplicity. It generally shields your personal assets from business debts and allows profits to pass through to your personal tax return, thus avoiding corporate-level taxation.
Further, LLCs are easier to manage than corporations. However, New York requires new LLCs to publish a notice of formation in two newspapers within 120 days of the effective date of the initial articles of organization. They are well-suited for small to mid-sized businesses and independent professionals who want flexibility and liability protection.
Corporation
For businesses with ambitious growth plans, a corporation may be the right choice. They provide strong liability protection and make it easier to raise capital by issuing stock. However, that more formal structure comes with added responsibilities.
A corporation must adopt bylaws, hold regular meetings and maintain detailed records. Corporations are usually chosen by entrepreneurs seeking investors and by established businesses looking to expand.
Partnership
Partnerships are the simplest way for two or more people to start a business. They are easy to form and allow profits to pass directly to the owners’ personal tax returns.
However, partnerships also have risks. In a general partnership, each partner can be held personally liable for the business’s debts. Limited partnerships offer some protection for silent partners, but at least one partner must still assume full liability.
Each business structure serves a different purpose, and it is possible to change it later. However, doing so can involve tax consequences and additional filings. No matter which structure you use, you must have the right legal documents in place. Without safeguards, your entity can run into trouble down the road. The right legal representative can provide guidance to help ensure your business starts on a solid legal footing.]]>On Behalf of Kirwan Law<![CDATA[What happens if multiple versions of a will exist?]]>https://www.kirwanlawnewyork.com/?p=490112026-04-21T07:22:15Z2026-04-21T07:22:15ZThe legal framework courts apply to conflicting wills
In New York, the Surrogate's Court is responsible for determining which testamentary document, if any, it should admit to probate. The court generally treats the most recently signed will as the testator's final intent. However, that version must still meet the formal execution requirements under state law.
You may find that the newer will revokes all prior versions outright, or it may do so by implication when its provisions directly conflict with those in an earlier document. If the later will does not cover every matter addressed in a prior draft, the court must determine whether it can read the two documents together or whether one entirely replaces the other.
If you are the party seeking to admit a specific will to probate, you carry the burden of proving that the testator properly signed the document and had the mental capacity to create it. Also, anyone specifically objecting to the will on the grounds of fraud or undue influence must affirmatively prove those allegations to the court.
Scenarios that spark disputes over multiple wills
Conflicts over competing wills come up in many ways, but the following patterns can appear more often than others:
You learn that the testator signed a new will without revoking the prior version, leaving both copies in the hands of different family members or attorneys
You discover a formally executed codicil that alters the terms of the original will
You believe the most recent will was the result of undue influence, fraud or a lack of mental capacity and you want the court to restore a prior will
Having more than one will does not always mean the court will throw one out. If the documents address different matters and do not conflict, you may find that certain terms from each will can stand together.
Available actions for executors, beneficiaries and contestants
If you are the executor and you learn that more than one will exists, you have a legal obligation to present all known documents to the Surrogate's Court. Failing to do so can expose you to personal liability and may delay the administration of the estate.
If you are a beneficiary under one version of a will, you may take part in probate and challenge another document. Your ability to object depends on whether the outcome affects your financial interest and on how strong your evidence is.
A contestant who seeks to invalidate a will must file formal objections during probate and support those claims with evidence. Common arguments include lack of testamentary capacity, improper execution and undue influence. These cases often take time and rely heavily on detailed facts.]]>On Behalf of Kirwan Law<![CDATA[Common mistakes to avoid when starting a business]]>https://www.kirwanlawnewyork.com/?p=489782026-04-12T02:51:38Z2026-04-12T02:51:38Z1. Choosing the wrong business structure
One of the first decisions you will make is how to structure your business. Whether you choose a sole proprietorship, partnership, LLC or corporation will affect your taxes, liability and day-to-day operations.
Many new business owners choose a structure without fully understanding the consequences. Setting up your business as a sole proprietorship may be simple, but you expose your personal assets to business liabilities. Conversely, forming an LLC or corporation can provide liability protection, but it requires proper formation and compliance with New York laws.
2. Failing to register your business
Depending on your business structure, you may need to file documentation with the New York Department of State. If you are forming an LLC, you are required to publish notice of your LLC formation in designated newspapers and file proof with the state. Overlooking the state's specific requirements can delay your launch or create legal issues.
3. Mixing personal and business finances
Another frequent mistake is failing to separate personal and business finances. Using the same bank account for both weakens the liability protection offered by an LLC or corporation.
Maintaining separate accounts is essential for legal protection, tax reporting and long-term financial planning.
4. Not having a written agreement
Even if you are starting a business with a family member or friend, it's essential to put the agreements in writing. Partnership agreements and operating agreements help define roles, responsibilities, profit sharing and what happens if one person decides to leave the business.
Without a written agreement, disputes can be difficult to resolve and may be resolved under New York law.
Starting a business requires more than just a great idea. It requires careful planning and attention to detail. Working with legal professionals can help you avoid mistakes and save you time, money and stress as your business grows.]]>On Behalf of Kirwan Law Firm, P.C.<![CDATA[Why are well-written contracts so crucial in business?]]>https://www.kirwanlawnewyork.com/?p=487432026-03-26T23:59:44Z2026-03-26T23:59:44ZThere is a high likelihood that you will face litigation
Figures from 2022 show that 52% of small businesses in the country faced at least one lawsuit in their first five years. As a small business, dealing with a lawsuit can represent a significant hit to your resources and profits, especially if you are still relatively new. Spending a bit more time and money to ensure that your contracts are well written and detailed from the outset could prove to be a very wise investment.
A carefully constructed contract cannot eliminate the chance of litigation completely. However, having all relevant terms clearly laid out for both parties to see can definitely lower the risk. It can discourage others from bringing an unjustified lawsuit against you and give weight to your requests for a swift resolution when another party has failed to uphold their end of the agreement. Getting a contract just right can be challenging, so it is always wise to have appropriate legal guidance to draft them, check them before signing and review them when a dispute occurs.]]>On Behalf of Kirwan Law Firm, P.C.<![CDATA[Is it time to break up with your business partner?]]>https://www.kirwanlawnewyork.com/?p=487442026-03-12T16:59:40Z2026-03-12T16:59:40ZIt’s been said that successful business partnerships are like happy marriages where the partners share common goals and bring complementary skill sets to the table. But even when you start out from the same place and perspective, it doesn’t mean that you won’t eventually need to part ways.
A good approach to dissolving business partnerships arises from a thoughtful, planned exit and not from roiled emotions. Learn more below.
Never act in haste or anger
When plotting your exit strategy from a business partnership, it doesn’t matter whether it’s a side investment or your main income stream. You want to be certain of your path forward, and that requires foresight and planning.Business partners can come back from even heated disagreements as long as they keep civil and play the long game. However, sometimes circumstances dictate that it’s time to exit, stage left on your partnership.
You both owe your company your best efforts
Are you planning on buying out your soon-to-be former partner? Or would you like them to purchase your stake? Alternatively, the best option may be to sell the company outright to a third-party buyer.Ultimately, the goal of both partners should be the viability of the company to get the best deal possible for all parties.
Acknowledge your partner’s contributions
As you prepare to part ways, you may want to have a conversation with your business partner wherein you express gratitude for their past efforts and contributions to the company. Despite your business relationship ending, you may want to preserve a friendly relationship with them.This is especially true when your partner is a friend, relative or in-law.
Still unsure how to proceed?
Seeking guidance at these important junctures can add structure and clarity to the process of dissolving your business partnership.]]>On Behalf of Kirwan Law Firm, P.C.<![CDATA[Protecting your business: is your non-compete still valid?]]>https://www.kirwanlawnewyork.com/?p=487452026-03-06T09:36:21Z2026-03-06T09:36:21ZIn the current market, your company’s value rests on your unique ideas and your talented team. Protecting those assets requires you to maintain clear and enforceable agreements. However, New York law regarding non-compete clauses changed significantly recently. You must navigate these shifts carefully so your business remains secure without overstepping legal boundaries.
How non-compete agreements shield your growth
Non-compete clauses serve as a vital shield for your hard-earned innovations. These agreements prevent former employees from taking your trade secrets directly to a competitor. By using these tools, you protect your client lists, specialized training investments and confidential business strategies. A well-crafted agreement ensures that a departing executive cannot immediately use your internal data to undermine your market position. A strong defense starts with your proactive contract.
What is considered a “reasonable limit”?
For a non-compete to hold up in a New York court, it must remain “reasonable” in every sense. The restriction must only cover what is necessary to protect your legitimate business interests. This means you must carefully limit the geographic area and the total duration of the ban. If your clause lasts too long or covers too much territory, a judge will likely strike it down. When limitations cross the line and create “undue hardship” for the worker, you risk losing your legal protection and facing costly litigation.
Securing your competitive edge
Dealing with the thin line between protection and overreach requires a strategic eye. You need an audit of your existing contracts to ensure they meet the latest state standards. Additionally, identifying hidden vulnerabilities prevents your agreements from becoming worthless during a dispute. Building a solid legal foundation lets you focus on growth while professionals handle the complexities of contract defense.
]]>On Behalf of Kirwan Law Firm, P.C.<![CDATA[The importance of due diligence before business formation]]>https://www.kirwanlawnewyork.com/?p=487462026-02-25T18:31:02Z2026-02-25T18:31:02ZStarting a business involves numerous major investments. People have to earmark resources to develop the company. They often need to leave their full-time jobs or at least scale back their employment as they start running the company.
While there is never any guarantee of success in a new business enterprise and many new businesses fail, appropriate due diligence before forming a company can reduce the likelihood of the business failing and the entrepreneur losing what they invested in the organization. What does the due diligence process when starting a company generally entail?
Market research
Every business concept has a potential market niche. Aspiring business owners need to research current demands and projected future demand for the goods or services they intend to provide. Looking into what competitors exist and what they charge for the same goods or services can help entrepreneurs determine whether they could compete and what profit margins they can expect.
Business requirements
In addition to evaluating the market, it is also important to determine what compliance issues may apply to the business. The organization or the professional providing services may require state licensing. There may be unique insurance requirements. A variety of different state and federal statutes might apply, especially in cases where the company has employees and physical premises. Individuals who follow their passion instead of doing appropriate research may end up paying the price later. Working with an attorney during the due diligence process of forming a business can help entrepreneurs address their blind spots and objectively review a concept with an outside party before investing time and capital into a potentially unsustainable concept.
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