How to Convert Your LLC Into a Corporation

At Castle Garden Law, we work closely with New York business owners who want to build more innovative, tax-efficient companies. A question we often hear from our clients is whether it’s worth converting an LLC into a Corporation, and what exactly that means. The short answer: you can have your LLC taxed as a Corporation…

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What Should You Consider When Choosing a Business Lawyer?

Finding the right legal partner for your business isn’t just a legal decision; it’s a strategic one. In a city as fast-paced and competitive as New York, the attorney you choose will impact your ability to grow, pivot, and protect what you’ve built.  Understanding how to find a good business lawyer starts with asking the…

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Who Do I Need to Hire When Selling My Business?

Selling a business in New York City is never just a handshake deal. Whether planning your next move or preparing for retirement, there’s much more to closing a business sale than finding a buyer. Legal paperwork, valuation, tax exposure, and negotiations all come into play, and any misstep can cost you long after the ink…

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What Does a Business Attorney Do?

Running a business in New York City involves more than launching a product or managing daily operations. Legal challenges can surface at any phase, from formation to expansion to conflict resolution. So, what does a business lawyer do in this environment? At Castle Garden Law, our attorneys work directly with business owners to manage the…

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SEC Slams, then Settles with Silvergate over Compliance Controls, Customer Monitoring and Statements “Fraudulently” Made to Investing Public

The US Securities and Exchange Commission (“SEC”) peppered Silvergate Capital Corporation (“Silvergate”) and three former members of its executive team with a broadside of accusations relating to its Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”) compliance architecture, customer monitoring and assurances made to investors.   FTX Trading Ltd. (“FTX), itself mired in scandal as a result of alleged…

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NY Appellate Division Affirms Post-maturity Usurious Interest Rate: ECO Engineering, Inc. v. Source Renewables, LLC

New York’s criminal usury statute, New York’s Appellate Division (the “Appellate Division”) has ruled, does not apply to interest rates applicable to a loan following its maturity.   In ECO Engineering, Inc. v. Source Renewables, LLC (“ECO Engineering”), the Appellate Division was presented with the following facts: ECO Engineering, Inc. (“EEI”), during 2020 to 2021, extended…

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Alleging gross negligence and fiduciary duty-related breaches, FDIC moves against former Silicon Valley Bank executives and directors

The Federal Deposit Insurance Corporation (“FDIC”) recently brought lawsuits against 17 former executives and directors of Silicon Valley Bank (“SVB” or the “Bank”), whose sudden implosion in 2023 rattled banks across the United States and caused global capital markets to swoon.   The defendants named in the complaint, which was filed in a federal court in…

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Non-disparagement, non-disclosure and “goodwill” clauses do not prevent franchisees from speaking with regulators, according to a recent Federal Trade Commission policy statement

Often, franchisees are required to enter into agreements which prevent them from communicating with third parties like regulatory agencies about a wide variety of matters, including the franchisor’s compliance with applicable law and other rules.    These provisions may take the form of:   non-disparagement clauses (“franchisee shall not disparage the brand in any way”); confidentiality or…

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