Burrell Law Helps Protect Client’s Trademarks by Obtaining Preliminary Injunction against Infringing Shoe Wholesaler

On February 16, 2018, Burrell Law obtained a preliminary injunction, which is an emergency court order to stop a party from committing a certain act, against a shoe wholesaler for infringing on plaintiff’s service marks and trademarks (collectively, “Intellectual Property”).  The relief sought prohibits the infringing defendants from using the Intellectual Property while the case is being litigated therefore helping reduce additional business losses as a result of defendants’ misuse of the Intellectual Property. Preliminary Injunction in Trademark Disputes In order to obtain a preliminary injunction  in a trademark dispute,Read more »

The Burrell Law Firm Obtains Summary Judgment Dismissing Disability Discrimination Case

On April 5, 2017, the Burrell Law Firm (the “Firm”) obtained a summary judgment order dismissing all claims brought against the Firm’s clients, a holding company and individual officers, in the matter Curtin v. JV-Successors, Inc. et al.. In 2014, the plaintiff filed a complaint against the Firm’s client, JV-Successors, Inc., alleging the plaintiff’s termination violated New York City Human Rights Law (“NYCHRL”) when plaintiff lost plaintiff’s job after suffering a temporary injury. In dismissing the lawsuit, the Court agreed with the Firm’s arguments stating that: (1) the plaintiff had not established the bare minimum factual evidence supporting plaintiff’sRead more »

In Brief: Deducting Income from Prior Tax Years under “Claim of Right”

Under IRS Code Section 1341(a), a taxpayer can utilize a deduction when a taxpayer restores a substantial amount held under a claim of right “if (1) an item was included in gross income for a prior taxable year (or years) because it appeared that the taxpayer had an unrestricted right to such item; (2) a deduction is allowable for the taxable year because it was established after the close of such prior taxable year (or years) that the taxpayer did not have an unrestricted right to such item or toRead more »

Will New IRS Rules’ Impact on Foreign-Owned Single Member LLCs Impair New York City’s High-End Real Estate Market?

In a prior blog post, I referenced a New York Magazine article revealing how foreign real estate investors use LLCs (limited liability companies) to anonymously buy real estate in New York City.  This game could be impacted however by recent IRS rule changes that would require single-member LLCs whose member is a foreign citizen to report to the IRS. IRS Issues New Reporting Rule Affecting Single-Member LLCs Owned by a Foreigner On December 13, 2016, the IRS passed a new regulation that requires single member LLCs, which have elected toRead more »

NYC Council Passes Freelancer Protection Laws

Freelancers too often get stiffed on work they perform; however, the New York City Council has passed new laws protecting freelancers.  Business owners should take note of the various provisions of the law, which include attorney-fee shifting in the event the freelancer prevails in a court action as well as punitive damages for failing to pay the freelancer within the statutory periods. On October 27, 2016, the New York City Council passed the “Freelance Isn’t Free” Act. Below is the text of the legislation: Int. No. 1017-C   By CouncilRead more »

Why you may need a new EIN (Employer Identification Number)

Thinking about changing your business entity? Because you had bootstrapped your brilliant idea, you may have chosen the least expensive business structure to house your business. Often, startup founders and entrepreneurs must commit limited resources to executing their business idea so forming an LLC or incorporating takes a backseat to paying a developer or buying inputs needed to build the “widget”.  You learned from friends, family, or internet searches that you may need an Employer ID Number (“EIN”) from the Internal Revenue Service (“IRS”) to open a bank account for theRead more »

DIY Contract Review & Negotiation (Why do I need an attorney?)

Business owners, especially aspiring ones and those without deep pockets, quickly learn the value of reducing costs. Legal fees are commonly a cost that business owners avoid which is understandable taking into account the negative press the legal profession generally receives.  As cited in the preceding link, only 18% of persons surveyed in a Pew Research Center study believe lawyers contribute “a lot to society” and 34% believe lawyers contribute “very little or nothing at all” to society. So I understand why entrepreneurs and small business owners choose to axeRead more »

A Friendly Reminder…

…that every large corporation was once a small business The humble beginnings of the international motor cycle corporation Harley Davidson, Inc. (Ticker: HOG) started in a 150 square feet wooden shed. No matter what your business idea is, don’t be afraid to start small. Harley Davidson Motor Company started out in a building the size of a small bedroom. You may only have the corner of your dining room table or a seat at a coffee shop, but trust yourself and you never know how much impact your idea willRead more »