Cox Padmore Skolnik & Shakarchy LLPFindLaw IM Template2026-07-02T03:09:03Zhttps://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[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.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Can you appeal an insurance denial?]]>https://www.cpsslaw.com/?p=517562026-07-01T08:57:13Z2026-07-01T08:57:13ZYes, you can often appeal a denial or contest a decision made by your insurance provider. Your business likely carries multiple layers of commercial insurance, property insurance and other such policies. You may need to file a claim after significant property damage or financial harm, especially if it hinders your business's ability to operate and you need to have the repairs made quickly.
If these claims are submitted and then denied, you often have a chance to challenge that denial. It is very important to read the documentation carefully to see why the initial claim was denied, as this can indicate ways to rectify the issue and get the payment that you are due.
Why are claims denied?
For instance, one of the top reasons for claim denials is insufficient documentation and evidence. Maybe the pictures or videos that you submitted do not properly show all of the damage to your business. The insurance company is denying the claim, but submitting additional documentation may get them to approve it. It’s not that you don’t have a valid claim, but that they need more evidence to support it.Another common issue can be unpaid premiums. Perhaps the insurance company claims that your policy actually lapsed because you missed necessary payments, so they are not going to cover your claim. If you can submit evidence of payments or electronic transfers demonstrating that you were actually current on your premiums the entire time, this can get them to authorize that payment.The exact reason for the denial is going to be unique from case to case, but it is important to remember that you often have options to appeal it. You need to know what legal steps to take.
]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[What is a trademark and why is it important for small businesses?]]>https://www.cpsslaw.com/?p=517502026-06-18T18:35:56Z2026-06-18T18:35:56ZSmall business owners have to take the necessary steps to protect their business. One of the most important ways of doing this is to protect the trademarks of the company. These are the things that allow consumers to recognize the company.
Trademarks include a variety of things, including designs, words, phrases or a combination of those things that identify the company as the source of specific goods or services. The company logo, slogan and product names are some items that are considered trademarks.
What are the benefits and limitations of trademarks?
A trademark can provide protection for a brand’s identity by protecting those specific markers. It can help to reduce confusion throughout the marketplace, which is particularly critical for small, local companies. There are limitations to what a trademark can protect against. For example, trademarks don’t protect common words, symbols, phrases or designs in every context that might be possible. Instead, the protection has to do with how the mark is being used in connection with a specific service or good. Because of this, it’s critical that trademarks be as unique as possible so claims of commonality won’t stand up. The protections of trademarks begin when they’re introduced as representing a good or service. This may be limited to the geographical area where the trademark is being used. Some companies may opt to file for federal registration of a trademark to enhance the protection of it. Trademark protection can become complex, so it might be beneficial to work with someone familiar with these matters. This may help business owners to determine how to proceed with trademark protection for their company.
]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Can business insurance providers increase costs due to a claim?]]>https://www.cpsslaw.com/?p=517462026-06-15T13:35:31Z2026-06-15T13:35:31ZDeductibles persist for as long as the policy
The rate that a business pays for business interruption insurance, premises liability coverage and other key forms of insurance depends in part on the agreed-upon deductible. The higher the deductible, the lower the overall premium. The insured must pay the deductible before coverage applies, reducing the exposure of the insurance company.
When a company has paid a premium based on a specific deductible, the insurance company has a legal obligation to honor the policy. Insurance providers can increase premiums or alter the range of deductibles available after a large claim when the business renews its policy in the future.
However, a deductible cannot change in the middle of a claim. Even if the renewal date arrives while the claim is underway, the deductible from the previous policy is the one that should apply to the claim.
Business leaders facing manipulative insurance tactics may need assistance evaluating policy documents and responding to the insurance company. Working with an insurance dispute attorney can help to address the risk of bad faith tactics affecting the outcome of a large claim.
]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[How to protect your business from online defamation]]>https://www.cpsslaw.com/?p=517412026-06-08T00:17:04Z2026-06-08T00:17:04ZResponding to harmful statements online
Document everything as soon as you discover the content. Save screenshots, copy web addresses, note the date and time and record any identifying information associated with the post. These records can be valuable if the content is later changed or removed.
Next, decide whether the statement is truly false or just an opinion. Someone saying “I did not like the service” is different from claiming your business committed fraud when that is not true.
You should avoid angry public replies. A short, professional response is safer. You can say your business takes concerns seriously and invite the person to contact you directly. This shows other readers that you are responsible without fueling the conflict.
You can also report the content to the platform. Many websites have rules against false, harmful or abusive posts. When you report it, include clear proof and explain why the content violates the site’s policy.
If the post is causing real harm, track the damage. Keep records of lost clients, canceled orders, bad ratings or messages from people who saw the statement.
Online defamation can feel personal, especially when you have worked hard to build your business. Still, each step should be calm, documented and strategic. When false claims begin affecting your income or reputation, personalized legal feedback can help you understand your options and choose a path that protects your business without making the situation worse.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Can noncompete agreements protect intellectual property?]]>https://www.cpsslaw.com/?p=517392026-06-06T21:03:02Z2026-06-06T21:03:02ZYes, a noncompete agreement can be used to protect intellectual property. Business owners are sometimes worried about confidential information or trade secrets leaving with an employee who quits their job. They believe that the employee is going to take that information to the competition, which could harm their former employer's position in the industry.
To some degree, a noncompete agreement is helpful because it specifies that the employee cannot immediately begin working for the competition. They may also be prevented from starting a new business that would serve as competition to their former employer. By restricting where the employee can work, even for just a short amount of time, it helps to protect any confidential information they may have picked up on the job.
Are there better options?
That being said, there are better ways to protect intellectual property, in many cases. Examples include simply using the proper patents and trademarks.After all, even if an employee has detailed information about how to create a certain product, it may still be illegal for another business to copy it if they are violating these intellectual property protections. If the original company holds the patent, then the former employee's inside information essentially becomes useless.This is not to say that noncompete agreements do not have their place. They can sometimes help with issues like employees leaving a business and then poaching previous customers, for example. But when it comes to intellectual property specifically, there are more comprehensive and secure ways to protect that information.As such, it is very important for business owners, executives, inventors and others to know exactly what intellectual property protection options they have and what legal steps to take to put them in place.
]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[What is alter ego liability under New York law?]]>https://www.cpsslaw.com/?p=517262026-06-01T07:49:02Z2026-06-01T07:49:02ZThe standard that defines liability
Courts in New York approach veil-piercing with considerable caution, and they seldom reach past a company to the individuals who own it. The presumption favors treating a business as separate from its owners, and the party asking a court to set that distinction aside carries the burden of justifying it.
Two interrelated questions tend to govern the analysis. The first considers whether an owner exercised such complete control over the entity that the company served as an extension of personal affairs rather than an independent enterprise.
The second considers whether the owner wielded that control to perpetrate a wrong against the party now pursuing recovery. Domination by itself rarely persuades a court, because the doctrine focuses on situations where that control produced an unfair result.
The conduct that invites scrutiny
Few disputes hinge on a solitary misstep. Courts instead evaluate a cumulative pattern of behavior that obscures the distinction between you and the company, including:
Commingling personal and business funds within shared accounts
Capitalizing the company too sparingly to satisfy its foreseeable obligations
Disregarding the formalities that establish an entity as distinct, such as meetings and minutes
Discharging personal expenses directly from company resources
Maintaining records so meager that the company's separate existence becomes difficult to trace
Courts can interpret the above as evidence that the company is merely a facade used to evade legitimate obligations. If a judge determines the corporate form is a sham, they can set the liability shield aside to hold you directly responsible.
The reach that crosses borders
Alter ego liability is not confined within the boundaries of New York. A company organized in another state or country that conducts business here may find the doctrine applied to it, together with any parent or affiliate positioned behind it.
Corporate groups attract particular scrutiny. When a parent treats a subsidiary as a mere department rather than a separate entity to perpetrate a wrong or injustice, a court may look through the arrangement to reach the assets of the broader organization.
The defense that answers a claim
When a company faces a veil-piercing lawsuit, the response tends to start with the burden the claimant carries. That party seeks to set aside the limited liability that comes with the corporate form. To do so, it must show both complete domination and a wrong that followed from it.
A gap in either element tends to undermine the case, so broad allegations rarely satisfy the standard. A defense can press the claimant to identify which person did what, because a court looks for a specific link between the control and the harm.
Imperfect formalities alone seldom carry a claim, since courts recognize that closely held companies observe them less rigorously. The records that reflect separate accounts, adequate funding and independent books become the counterweight, and they tend to speak more clearly than the characterizations a claimant offers.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Common causes of construction delays for commercial properties]]>https://www.cpsslaw.com/?p=517232026-05-26T14:09:38Z2026-05-26T14:09:38ZCommercial construction projects are often long-term ventures that pull together several different companies, contractors, subcontractors and vendors. These projects are often covered by strict contracts that govern every aspect.
While many commercial projects conclude without any issues, there are times when delays in the project can lead to significant challenges. A delayed buildout, renovation or new build can interfere with other aspects of business, such as lease obligations, supply contracts, tenant openings and projected revenue.
Not all delays are the same
One of the most important factors when a commercial construction project faces delays is determining the cause of the delay. In many cases, the cause is out of anyone’s control, which means that the contract will have to be adjusted to take the delay into account. But neither party would face penalties. When a preventable or controllable cause is the reason for the delay, the party that didn’t fulfill their end of the contract may face penalties. Some common reasons for these delays include incomplete planning, permitting issues, labor shortages, budget disputes or communication failures. In the case of a preventable cause, it’s possible that a dispute may occur. The parties may be able to come to a resolution out of court, but it’s possible that legal action will be necessary. At that point, having proper documentation for everything from the project’s terms through the reason for the delay, as well as any attempts to rectify the situation, would become important. Commercial construction disputes can be complex, particularly if they involve multiple parties. Working with someone familiar with these matters can help to protect the company.
]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Has a competitor duplicated brand packaging to confuse buyers?]]>https://www.cpsslaw.com/?p=517202026-05-23T19:22:22Z2026-05-23T19:22:22ZTrademark infringement damages successful brands
Companies attempting to confuse consumers by replicating another company's branding or packaging can do serious damage to the better-known brand. In some cases, companies producing knockoff products may create very similar logos, replicate packaging colors and otherwise try to confuse consumers.
Counterfeit products take trademark infringement even further. A company may completely reproduce the packaging and logo of a popular, trusted brand. That trademark infringement can lead to customers complaining about the low-quality products they mistakenly purchased.
Retailers may stop buying previously popular products when knock-offs or counterfeits damage the reputation of those products. Manufacturers may even face consumer attempts to return products sold by other businesses that impersonate their most popular offerings.
Identifying trademark infringement early can help established brands protect their reputations and their share of the market. They can take legal action against the business trying to leverage their success to generate short-term revenue.
A trademark infringement lawsuit pursued to protect a company's intellectual property can limit the damage caused by knockoff and counterfeit products. Reviewing the packaging of the competitor’s product with an intellectual property attorney can help business owners take appropriate legal action.]]>On Behalf of Cox Padmore Skolnik & Shakarchy LLP<![CDATA[Is the insurance company acting in bad faith?]]>https://www.cpsslaw.com/?p=517182026-05-11T17:37:17Z2026-05-11T17:37:17ZIf you file a commercial insurance claim and it is denied, there may be a valid reason for that denial. Not all claims are approved, and there could be disputes over the evidence that has been provided or the provisions of your insurance policy in the first place.
However, a denial could also indicate that the insurance company is acting in bad faith, meaning that they are not upholding their obligations. When you purchased the policy, it put a contractual relationship in place between your business and the insurance provider. They do have an obligation to act in good faith and uphold this policy.
Baseless denials
One way that bad faith accusations can arise is when the insurance company denies a claim that should be approved. They do not have a solid basis for the denial, so you believe they are simply refusing to pay out the money that is due.
Unreasonable delays
Another issue is when the insurance company creates unreasonable delays and does not promptly investigate your claim. It is important for them to take time and do their due diligence, but they also have to act promptly and cannot delay the process just to keep from authorizing the payout.
Misrepresenting terms
Finally, the insurance company does have to operate fairly when addressing the terms in the policy. If they try to misrepresent these terms in order to justify the denial, it is another example of bad faith.In all of these cases, it may be necessary to take legal action to pursue the compensation you deserve under the terms of the insurance policy. It is critical that you understand exactly what legal options you have.
]]>