Barnes & Barnes, P.C.

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Barnes & Barnes, P.C.

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Our Commercial Litigation attorneys pursue complex business claims and achieve strategic solutions.

10/15/2026

A data breach doesn't end when your systems come back online. For your business, the legal consequences are just getting started.

This Cybersecurity Awareness Month, it's worth looking past prevention to what New York law requires once a breach occurs.

Under New York's SHIELD Act, businesses generally must notify affected New York residents within 30 days of discovering a breach. They must also alert the Attorney General, the Department of State and the State Police. A breach affecting more than 5,000 residents also requires notice to the consumer reporting agencies.

Falling short of those obligations can draw scrutiny from the New York Attorney General, who has authority to investigate and seek civil penalties.

The legal picture isn't only defensive, though. If a vendor or IT provider's negligence or breach of contract contributed to the incident, your business may have claims to recover the significant losses that follow.

The decisions you make in the first days after a breach can shape both your exposure and your recovery.

See how to protect your position and hold the responsible parties accountable: https://www.barnespc.com/how-we-help-our-clients/cybersecurity-data-breach-litigation/

10/14/2026

Choosing a is one of the most important decisions you'll make for your company. The right counsel can protect more than your case. They can protect the business you've built.

Before you retain anyone, measure them against the following criteria:

1. True litigation experience, not just business law advisory work
2. A track record with disputes like yours
3. A communication style that keeps you informed and in control
4. Familiarity with the Nassau and Suffolk Commercial Divisions and the judges who preside there
5. A strategy aligned with your business goals, not just the lawsuit
6. Readiness for both settlement and trial

Find out what to ask before you sign an engagement letter: https://www.barnespc.com/insights/how-to-choose-the-right-business-litigation-attorney/

10/09/2026

The corporate form protects from personal liability, but not owners who treat the company like a personal account.

In New York, a corporation or LLC is a separate legal entity. Its debts belong to the business, not its owners. Courts won't set that separation aside lightly, but when an owner abuses the corporate form, a court may pierce the veil and hold that owner personally responsible.

Common warning signs courts look for:
- Commingling personal and business funds
- Ignoring corporate formalities such as record keeping, meetings or separate accounts
- Draining company assets so creditors can't collect
- Using the entity to commit a wrong

Piercing the veil in New York requires two showings: the owner exercised complete dominion and control over the company in the transaction at issue, and used that control to commit a fraud or wrong that caused the harm. Control alone isn't enough. Both elements must be present.

When the Court of Appeals issued its landmark decision in James v. Loran Realty V. Corp., Law360 interviewed and quoted partner Leo K. Barnes Jr. on what the ruling meant for efforts to impose personal liability on individual shareholders.

If a company owes you money and suddenly has nothing left, see how Barnes & Barnes approaches veil-piercing claims: https://www.barnespc.com/

10/07/2026

Knowing New York is only half the job. Knowing the courts where your dispute will be decided is the other half.

On Long Island, experience delivers advantages that general legal knowledge can't match. That includes navigating Nassau and Suffolk's Commercial Division dockets, understanding the local bar, managing venue decisions and building a strategy around your business goals, not just the lawsuit.

See the five advantages local counsel brings to the table: https://www.barnespc.com/insights/why-engaging-an-attorney-with-local-experience-matters-in-new-york-business-litigation/

10/02/2026

Losing a client to a competitor is business. Losing one because a competitor persuaded them to break your contract may be grounds for a lawsuit.

New York law allows hard-nosed competition. A rival can undercut your pricing, out market you, or win a customer with a better offer. The line gets crossed when a third party stops competing for your business and starts interfering with it. New York recognizes two distinct claims for that conduct.

1. Tortious interference with contractual relations
- You had a valid contract with a third party
- The competitor knew about that contract
- The competitor intentionally induced the other party to breach it, without justification
- The breach happened and caused your business damages

2. Tortious interference with prospective business relations
- You don't need a signed contract, only an existing or expected business relationship
- The competitor used improper means, such as fraud, misrepresentation or threats, or acted solely to harm you
- That interference cost you the relationship

The second claim sets a higher bar. Courts look for conduct that's wrongful in its own right, not simply aggressive salesmanship.

When a competitor does cross the line, you may be able to recover monetary damages and, in appropriate cases, obtain injunctive relief to stop ongoing interference. Preserving communications and documenting lost deals early can strengthen your position.

Think a competitor's tactics went past fair play? Learn how our litigation team protects the relationships your business depends on: https://www.barnespc.com/

09/22/2026

The contract you signed years ago may be the one that costs you the case today.

Most businesses only read their contracts closely after a dispute erupts. By then, a weak clause has already narrowed your options and handed leverage to the other side. A periodic contract and MSA review flips that dynamic, catching the gaps while you still have time to fix them.

Four clauses deserve your attention first:

1. Venue selection: decide now where any dispute gets litigated, so you're not fighting on unfamiliar ground
2. Fee-shifting: give yourself a path to recover attorneys' fees if you're forced to enforce the agreement
3. Interest on unpaid amounts: build in a real cost for late or withheld payments
4. Clear performance and termination terms: define what full performance looks like and how either side can exit

A short, proactive review today can spare you a long, expensive fight tomorrow, and puts you in a far stronger position if a dispute arises.

Learn more here: https://www.barnespc.com/

09/18/2026

One email can cost your business millions before you notice anything is wrong.

Cyber fraud is aimed squarely at how you move money and store data. The threats to know:

- Phishing: fake messages that trick staff into handing over credentials
- Pharming: redirects to spoofed sites that harvest sensitive information
- Business email compromise: hijacked email chains that reroute wire transfers to fraudulent accounts
- Malware: hidden software that steals data or authorizes transactions without permission

Each one can drain accounts, expose client data or trigger payments you never approved. Two defenses matter most: email authentication protocols and consistent employee training.

See how we help businesses respond when fraud hits: https://www.barnespc.com/how-we-help-our-clients/cybersecurity-data-breach-litigation/

09/17/2026

A signed contract doesn't guarantee performance. When a customer, vendor or partner clearly signals they won't perform before the deadline, New York law may give you grounds to act right now.

That's anticipatory breach, and the bar is high. Courts require a refusal that's positive and unequivocal, not mere doubt or hesitation.

If a party signals they won't perform, move quickly:

1. Review the contract for default terms and notice requirements
2. Preserve all communications about their willingness to perform
3. Consult a business litigation attorney to confirm whether you have a claim

From there, you have two options: treat it as an immediate breach and sue now, or hold the contract open and wait. Each path carries consequences, so choose carefully.

Know what to look for before your options narrow: https://www.barnespc.com/insights/anticipatory-breach-what-to-do-when-a-party-signals-they-wont-perform/

09/09/2026

Business partnerships often unravel through small, foreseeable red flags. Left unaddressed, these can escalate into major disputes. Key warning signs include:

Excessive draws beyond the agreed profit share
Competing side ventures siphoning company resources
Diverted funds, customers, or opportunities
Refusal to share financial records

Under New York law, partners have a fiduciary duty to act in good faith. Breaches open the door to remedies like monetary damages, court-ordered access to records, or, dissolution of the partnership.

Don’t ignore the signs. Protect your business.

Learn more: https://www.barnespc.com/how-we-help-our-clients/business-divorce/

09/08/2026

A partner buyout can look like the cleanest exit in business. Until it isn't.

What starts as a structured agreement often becomes a dispute the moment partners can't align on the details. The most common disagreements:

- Valuation disagreements: complex assets, fluctuating revenue and intangible value make it hard to agree on what a departing stake is actually worth
- Disputed or missed payments: the purchasing partner challenges the amount owed or stops making required installments
- Ambiguous contract terms: one side claims the buyout agreement wasn't followed or that its language doesn't mean what the other party says it does
- Alleged misconduct: a departing partner claims the remaining owners concealed financials, or diverted business opportunities that eroded the value of their interest

Here's what catches many owners off guard: litigation doesn't always end when the buyout closes. A partner can later discover that financial details were withheld before the deal was signed, giving rise to claims for breach of contract, breach of fiduciary duty and more.

See where these disputes start and how to protect your interests before you sign: https://www.barnespc.com/insights/when-partner-buyouts-can-lead-to-litigation/

Address

445 Broadhollow Road Suite #226
Melville, NY
11747

Telephone

+15166730674

Website

https://www.barnespc.com/

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