Cox Padmore Skolnik & Shakarchy LLPFindLaw IM Template2026-08-19T15:44:34Zhttps://www.cpsslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402487/2022/02/cropped-site-identity-32x32.pngOn Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Addressing significant delays in insurance payouts]]>https://www.cpsslaw.com/?p=518122026-08-19T15:44:34Z2026-08-19T15:44:34ZAfter filing a commercial insurance claim, a significant delay can disrupt the company’s operations. If the property has been damaged, it may be unusable, or operations may proceed at a substandard rate. As a result, the company is actively losing money until those repairs are made.
As a general rule, insurance companies need to take certain steps to respond to claims in a prompt and reasonable manner. They need to acknowledge the claim within 15 days, for example. If the company submits the claim and does not hear back from the insurance company for weeks or even months on end, it creates an unreasonable delay. This is an example of a bad faith insurance tactic.
Why does this happen?
There are certainly situations in which it is just a communication issue. Perhaps there is miscommunication within the insurance company itself, and the belief is that the claim has been addressed when no steps have actually been taken.But the reason that unreasonable delays are prohibited is that insurance companies should not intentionally use them to try to get around payouts. If the company delays the process, for example, they may believe that an eventual lowball offer is more likely to be accepted, even though it is not fair and does not address the full costs that relate to the claim. It puts pressure on the commercial entity to take what they can get because the delays are causing them active financial issues.This type of tactic would be unfair and in violation of both state law and the contractual agreement between the insurance company and the commercial entity. However, these types of bad faith insurance tactics do occur from time to time, and it is important for those involved to understand exactly what legal steps they can take.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[When can the government block a foreign acquisition?]]>https://www.cpsslaw.com/?p=518092026-08-14T13:47:47Z2026-08-14T13:47:47ZThe acquisition gives a foreign investor control of a U.S. business
The level of control matters because CFIUS is concerned with what a foreign investor could do after the transaction closes. It can consider voting rights, board representation, the ability to appoint senior management and other rights that give the investor substantial influence over the business. A transaction can therefore raise CFIUS concerns even when the foreign investor does not own more than half of the company.
The U.S. business involves sensitive technology or data
The nature of the U.S. business can also affect the government's interest in the transaction. CFIUS gives additional attention to certain critical technologies and businesses that maintain large amounts of sensitive personal data because foreign access could create national security risks.
The transaction could affect critical infrastructure
The government's concern can extend to the systems and services a U.S. business supports. CFIUS can review certain investments involving businesses that perform specific functions related to covered critical infrastructure, particularly where foreign control could affect essential U.S. operations.
The foreign investor raises national security concerns
The buyer itself can also become part of the government's assessment. CFIUS can examine the investor's ownership and relationships, including substantial interests held by foreign governments. That's especially true when those connections could create concerns about foreign influence over the U.S. business.
Assess CFIUS risk before signing the deal
If your transaction could fall within CFIUS's jurisdiction, address that issue before you commit to the deal. Early review can help you account for potential conditions or other regulatory requirements during negotiations rather than discovering them after the deal is underway. Knowing the risks early gives you more room to structure the deal around them.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Employee-created intellectual property: Who owns the copyright?]]>https://www.cpsslaw.com/?p=518062026-08-07T11:52:02Z2026-08-07T11:52:02ZKey factors for copyright ownership
Determining who holds the legal rights to workplace creation depends on several distinct statutory goals and contractual arrangements. Some of the key factors determining copyright ownership include:
Job duties: If an employee creates work as part of their regular job, the company automatically owns it. No extra paperwork is needed to transfer the rights.
The ownership test: Courts typically look at three things: if the work matches the employee's job duties, if they used work time or equipment and if the work was meant to help the business.
Personal projects: Employers usually can't claim work created on your own time without using company resources, unless it is directly related to the company's business.
Freelancers: Independent contractors keep their rights unless they sign a contract that specifically gives ownership to the company.
Clear job descriptions and workplace policies make it easier to track IP ownership. Having an attorney review your contracts helps you find and fix any gaps before legal problems occur. Implementing these practices consistently could safeguard your organization’s creative assets.
Securing the intellectual property
To protect your company’s intellectual property, use clear contracts and manage risks early. Reaching out to an experienced attorney could help you avoid legal disputes and secure your assets.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Negotiating a lease assignment when upgrading to a larger space]]>https://www.cpsslaw.com/?p=518042026-08-05T23:45:20Z2026-08-05T23:45:20ZLease restrictions are common
A lease assignment involves an outside party agreeing to take over the remainder of the lease. In many cases, commercial landlords have clauses in their leases that either outright prohibit lease assignment or that restrict the scenarios in which assigning a lease to another party is possible.
Landlords may require that the new tenant have a similar or better credit score or may impose minimum standards on company revenue and operational history. Landlords may need to ultimately approve any attempt to assign the lease to an outside party.
Given the time spent marketing the opportunity to other businesses and prepping the facilities for tours or showings, ensuring compliance with lease requirements and the willingness of the landlord to enter into a lease assignment arrangement can limit the likelihood of lost time and capital while attempting to address the remainder of a commercial lease. Business leaders may need a legal professional to assist with negotiations with the new tenant and with the landlord.
Working with a commercial real estate attorney can make the process of acquiring new premises for a growing, successful company less costly and risky. Legal support when reviewing a lease and negotiating with interested parties can help streamline the lease assignment process.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Challenging insurance damage assessments]]>https://www.cpsslaw.com/?p=518022026-07-29T15:19:39Z2026-07-29T15:19:39Zunfair claim settlement practices, and many commercial policies include mechanisms such as appraisal clauses that allow policyholders to challenge damage assessments through formal processes.
Understanding how these processes work helps business owners protect their financial interests when a claim is undervalued.
Documenting the gap with precision
A successful challenge begins with complete evidence that contradicts the insurer's findings.
Obtain independent appraisals from licensed engineers or contractors who specialize in commercial property damage. These professionals provide detailed reports that quantify repair costs using current market rates and industry-standard methods.
Photograph all damage thoroughly before any repair work begins. Insurers may dispute claims where documentation gaps exist, so visual records establish the scope and severity of the loss. Keep all invoices, estimates, and correspondence in organized files that show the full financial impact on business operations.
These steps may be helpful for documentation purposes.
Invoking appraisal and dispute resolution mechanisms
Many commercial policies contain appraisal clauses that allow either party to demand an independent review when a value dispute arises. Each side selects an appraiser, and those two professionals jointly choose an umpire to resolve disagreements. The appraisal panel's determination on the amount of loss is generally binding on both parties.
Policyholders may also file complaints with the New York Department of Financial Services if they believe an insurer has violated state insurance regulations. The DFS investigates unfair claim practices and can take regulatory action against insurers. Filing a complaint creates a formal record and may prompt the insurer to review its handling of the claim. Legal action for breach of contract remains available when other methods do not produce fair results.
Protecting your business interests
Challenging an inadequate damage assessment requires careful preparation and often professional guidance. Insurers bring significant resources and experience to claims disputes. If you are facing a large commercial loss, consulting with a commercial property insurance attorney early in the process can help you identify the right approach and avoid steps that could weaken your position.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[What happens when a former licensee keeps using your trademark?]]>https://www.cpsslaw.com/?p=517972026-07-27T12:20:19Z2026-07-27T12:20:19ZWhy does continued use create confusion concerns?
Federal trademark law can prohibit use of a registered mark without permission when it is likely to confuse customers. That risk can be higher after a licensing relationship ends because customers once had a valid reason to connect the business with your brand. A business that keeps using the mark after its rights end is sometimes called a holdover licensee.
Courts may first consider whether the license expired or was properly terminated under the agreement. If the marks differ, courts in the Second Circuit may also use the Polaroid factors to assess customer confusion. These factors include how strong and similar the marks are, evidence that buyers were misled and how carefully customers make purchasing decisions.
What remedies may be available?
A trademark owner may seek an injunction, which is a court order that can stop the continued use. Other remedies may include damages, the former licensee’s profits and, in some cases, destruction of materials that display the mark without permission.
Beyond federal law, New York also protects distinctive trademarks from dilution. Dilution can occur when use of a mark weakens it or harms its reputation. Unlike ordinary trademark infringement, a dilution claim does not require likely customer confusion.
What should you document after the license ends?
Your licensing agreement, termination notices, screenshots, product samples and customer communications can help show when permission ended and how the mark was used afterward.
A lawyer can review those records and the licensing terms to determine which contract or infringement claims may apply. Addressing continued use early can help you regain control over how your brand appears in the market.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Mediation vs. arbitration: How to best resolve a business dispute]]>https://www.cpsslaw.com/?p=517612026-07-08T12:57:03Z2026-07-24T12:55:31ZMediation: The collaborative solution
In a mediation setting, a neutral third party facilitates a discussion to help you and your business partner reach your own voluntary agreement. A key feature with mediation is that neither side is forced to sign anything. Both parties retain total control over the outcome.
Mediation is often best for partnerships where both sides wish to preserve the business relationship. Additionally, this path can provide creative and outside-the-box solutions that a judge cannot grant.
Arbitration: The private trial
This is a confidential dispute resolution process where an arbitrator reviews the evidence presented by both sides and then issues a final decision. The privacy of arbitration can help protect sensitive business information and reputations.
Unlike mediation, arbitration is typically binding for the parties. The awards are final, enforceable and require an extensive process to appeal in New York. If you no longer want to communicate with your business partner, arbitration can provide a definitive end to the dispute without the delays of the public court system.
Considerations for choosing the best path
Both ADR paths are generally faster and less costly than litigation. If you want a final decision, arbitration is usually the better option because it offers a guaranteed conclusion with limited grounds for appeal. On the other hand, if your main priority is keeping costs low, mediation is almost always the least expensive route.
Mediation and arbitration are private and help keep sensitive business information out of the public record. Before making a final decision, you might want to check your partnership agreement, as it may already require mediation or arbitration.
Making the right choice for your business goals
Selecting between mediation and arbitration depends on your priorities and the current state of your partnership. A lawyer can review your business agreement and help you choose the ADR process most suited to your needs. Choosing right can save your business time and money while protecting what you have built.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Why change orders are at the center of many construction disputes]]>https://www.cpsslaw.com/?p=517672026-07-17T13:00:03Z2026-07-17T13:00:03ZHow clear documentation can help to prevent payment conflicts
Change orders are meant to keep everyone on the same page when a project evolves. They typically outline what work is being added, removed or modified, along with any changes to the project schedule and cost. When everyone is able to review and approve these updates before the work begins, there is usually less room for misunderstandings. Problems often arise when changes are discussed casually on the job site or approved verbally without being documented.
Undocumented changes can create disputes for contractors, subcontractors and property owners alike. A contractor may believe extra work deserves additional compensation, while the owner may argue that the work was already included in the original contract. Subcontractors can also face challenges if they perform extra work based on verbal instructions but have no written record to support their request for payment. Without clear documentation, it may become difficult to prove what was agreed to, when the change occurred or who authorized it in the first place.
Keeping detailed records throughout a project can reduce the risk of these disagreements. Written change orders, updated project schedules and daily job logs can all provide valuable evidence if questions arise later.
Even with careful planning, disputes sometimes cannot be avoided, especially on large or complex projects. When payment disagreements or contract issues begin affecting your business or project, speaking with a legal professional can help you understand your options and work toward a practical resolution before the conflict escalates.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Taking legal action to counter a shareholder freeze-out]]>https://www.cpsslaw.com/?p=517632026-07-11T13:15:40Z2026-07-11T13:15:40ZWhat is a freeze-out?
Freeze-outs are an attempt to reclaim the interest in the company acquired by shareholders. Also known as a squeeze-out, a freeze-out is a series of intentional actions that aim to frustrate shareholders and force them into selling their interest in the business even though they may not want to do so.
Holding meetings without giving all shareholders advance notice, excluding them from the facilities where meetings are held, withholding quarterly dividend payments and refusing to allow them to vote on key issues are all examples of behavior that may arise during a freeze-out. Shareholders may feel as though they have no option other than to sell their holdings for less than what they are worth.
Thankfully, both the law and shareholder agreements protect investors from this somewhat common form of misconduct. Documenting misconduct and taking prompt action can prevent shareholders from sustaining losses due to the misconduct of others. An attorney familiar with business litigation can advise shareholders of their rights and help them assess different legal remedies before they take legal action.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Are general contractors liable for uninsured subcontractors?]]>https://www.cpsslaw.com/?p=517582026-07-02T03:09:03Z2026-07-02T03:09:03ZUnderstand the legal risks
General contractors can be exposed to liability in multiple ways when a subcontractor lacks adequate insurance coverage. For instance, if a subcontractor doesn’t carry workers’ compensation insurance, the general contractor may become responsible for injury-related benefits owed to the subcontractor's employees.
The same goes for negligence claims. If an uninsured subcontractor is negligent, project owners, injured workers and other parties may look to the general contractor as a source of recovery.
Contracts help, but they're not enough
Every subcontractor agreement should include carefully crafted indemnification language and additional insured provisions designed to help manage project-related risks. However, even strong contract terms can only go so far in practice. reimburse you
For example, an uninsured subcontractor with no assets isn't going to those they owe no matter what the contract states. Additionally, the right to seek indemnification from a subcontractor does not eliminate or delay immediate exposure to claims for those they owe.
Build safeguards before you need them
Risk control in construction projects is not about reacting after the fact. You must be proactive. Verifying that every subcontractor carries active insurance before they step onto the job site and monitoring it throughout the project can spare you a lot of trouble.
If you're already facing liability tied to an uninsured subcontractor, don't try to sort out where responsibility lands on your own. Reach out for experienced legal guidance to assess your options and help protect your business from liability that was never supposed to be yours to carry.]]>