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Ross Pitcoff Law > Legal Advice

Fiduciary Duties

We often receive enquires related to fiduciary obligations owed to a company by its partners/members/shareholders etc.  Generally speaking, a fiduciary relationship exists when an entity or person (usually an officer/director/shareholder etc.) places trust, confidence, and/or reliance on another to exercise discretion or expertise in acting on their behalf. The fiduciary must knowingly accept that trust and confidence. When someone owes a fiduciary duty to a company and its members, the fiduciary must act in a way that will aligns with the company and its' members goals and aspirations. The person who has a fiduciary duty is called the fiduciary, and the person to whom the...

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How To Handle: Contract Breaches

  We often receive calls concerning agreements that have been broken or not fully adhered to. Generally speaking, breaches of contract usually fall  into one of two categories: Actual Breaches or Anticipatory Breaches (Anticipatory Repudiation).   1. An Actual Breach is when one person refuses to fulfill the obligation constituted by the contract. 2. An Anticipatory Breach occurs when one party announces the intention not to fulfill the obligation in advance.   When an offender’s inaction leaves you with problems, the first step to resolution is not in a courtroom. So, what is the first step? 1. Determine the facts 2. Reach out to the offender 3. Seek legal counsel CLICK HERE TO SPEAK...

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Enforceable Clauses

We are often asked when a non-compete clause is enforceable.   Generally speaking, a non-compete provision must be reasonable in length (i.e. 1 year versus 10 years), subject matter and scope (5 mile radius around the business vs 5,000 miles). Non-Compete and Non-Solicitation Clauses are enforceable if they are (i) narrowly drawn to protect the employer’s legitimate business interests;  (ii) not a weight on the employee’s ability to earn a living; and (iii) not against public policy.   To learn more about Non-Compete and/or Non-Solicitation Clauses, contact a member of our Ross Pitcoff Law Team today: (646) 386-0990 CLICK HERE TO SPEAK WITH AN...

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Inducement Fraud 101:

Fraud Inducement occurs when a person intentionally tricks another into signing an agreement to one's disadvantage by using fraudulent statements and/or representations.   Because fraud negates the “meeting of the minds” required of a contract, the injured party can seek damages or terminate the contract altogether.   Since fraud in the inducement is illegal, it can render the contract voidable, thereby releasing the injured party from any obligation to it. If the court finds that fraud occurred, the violating party can be held liable for compensatory damages, and possibly even punitive damages if the conduct complained of is shocking in nature.    For more information about...

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Fashion and Design Law

Fashion and Design Law is an increasingly important part of a comprehensive Intellectual Property strategy for many Brands and Businesses.   Intellectual Property, Trade Regulation, Employment, and International Law and Business Law are all incorporated within Fashion and Design Law.   From manufacturing agreements to the nation of origin, a complex host of considerations are presented to Designers that are looking to grow their Brand.   Ross Pitcoff Law’s Team of Attorneys understand the business inside and out, advising some of the world’s most well-established Brands, tailoring solutions on everything from protection and exploitation of Intellectual Property to licensing and franchising. SCHEDULE YOUR FREE CONSULTATION WITH ROSS...

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Copyright Law 101:

Copyright Law 101: Crediting an Author is still in breach of Copyright Law.   You can only use copyrighted material if the Author gives you explicit permission to do so.   The solution? Apply for a license.   If you are a victim of Copyright Infringement, this means your rights have been violated.   Individuals cannot use your intellectual property unless you have given express consent.     CLICK HERE TO SCHEDULE YOUR FREE CONSULTATION WITH ROSS PITCOFF LAW ...

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