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Everything You Need to Know About Contracts in Business Law


Contracts are the backbone of every successful business. Whether you’re running a startup, managing a corporation, or operating a small business in New York City, understanding business law contracts is essential. A well-drafted contract protects your rights, prevents disputes, and ensures smooth business operations.

 

At the LAW FIRM OF DAYREL SEWELL, PLLC, our experienced business law attorneys, commercial contract lawyers, and corporate litigation professionals help businesses create, review, negotiate, and enforce legally sound contracts tailored to their needs.

 

What Is a Contract in Business Law?

 

A contract in business law is a legally binding agreement between two or more parties that governs commercial transactions, business relationships, and professional obligations. It outlines the rights, responsibilities, and expectations of each party, ensuring that business activities are conducted fairly, transparently, and with legal protection.

 

Key Features of a Contract in Business Law

 

  • Legally Enforceable – If a party fails to perform, the other party can seek legal remedies such as damages or specific performance.
  • Clear Terms and Conditions – These specify pricing, timelines, deliverables, payment terms, dispute resolution, and other relevant details.
  • Mutual Agreement – All parties must willingly agree to the terms.
  • Consideration – Something of value (money, service, goods) must be exchanged.
  • Purpose Must Be Legal – A contract cannot involve illegal activities.

 

Contract In business law

Source: Fetterman Law

 

Types of Contracts in Business Law

 

In business law, contracts are classified based on several factors, including their formation, validity, and performance. Understanding these categories helps businesses operate smoothly, avoid disputes, and ensure legal compliance.

 

1. Based on Formation

 

1.1 Express Contracts

These contracts have clearly stated terms, either written or spoken. Businesses commonly use express contracts for employment agreements, service contracts, leases, and vendor agreements.

 

1.2 Implied Contracts

Created through actions or circumstances, not written words. For example, hiring a freelancer through conduct or purchasing items by behavior at a self-checkout.

 

1.3 Quasi-Contracts (Implied-in-Law)

Not true contracts, but obligations imposed by courts to prevent unjust enrichment. Example: A business mistakenly receives services and must pay reasonable compensation.

 

1.4 E-Contracts

Digital or electronic contracts are executed through emails, online forms, software agreements, or e-commerce platforms.

 

1.5 Unilateral Contracts

Only one party makes a promise. The contract is formed once the other party performs the required act (e.g., reward offers).

 

1.6 Bilateral Contracts

Both parties exchange promises; most business contracts are bilateral (service-for-payment agreements).

 

2. Based on Validity / Enforceability

 

2.1 Valid Contracts

Legally binding and enforceable, containing all essential elements of a contract.

 

2.2 Void Contracts

Not enforceable by law. These contracts may appear valid initially, but become void due to illegality, impossibility, or public policy conflicts.

 

2.3 Voidable Contracts

Enforceable unless one party elects to void them due to reasons like undue influence, fraud, misrepresentation, or minority.

 

2.4 Illegal Contracts

Agreements involving illegal activities are automatically void and cannot be enforced.

 

2.5 Unenforceable Contracts

Appear valid but lack enforceability due to technical reasons (e.g., lack of written format under the Statute of Frauds).

 

3. Based on Performance

 

3.1 Executed Contracts

Fully performed by all parties. Example: A one-time service completed and paid for.

 

3.2 Executory Contracts

Still awaiting performance by one or both parties—most business agreements fall under this category until fully completed.

 

3.3 Partly Executed / Partly Executory Contracts

One party has performed its part, while the other still has obligations pending.

 

4. Additional Types of Business Contracts

 

4.1 Adhesion Contracts

Standard “take-it-or-leave-it” contracts where one party has more bargaining power (e.g., website terms, insurance policies).

 

4.2 Aleatory Contracts

Performance depends on uncertain events, like insurance contracts or speculative business agreements.

 

4.3 Option Contracts

One party pays for the right to enter into another contract later (e.g., real estate options).

 

4.4 Lump-Sum / Fixed-Price Contracts

Common in construction and business operations, where a fixed price is agreed upon regardless of cost variations.

 

Contracts

Source: ezyLegal

 

Why Choose LAW FIRM OF DAYREL SEWELL, PLLC?

 

As one of New York City’s leading business law firms, the LAW FIRM OF DAYREL SEWELL, PLLC offers:

 

  • Deep expertise in business law and contract drafting
  • Skilled commercial litigation attorneys
  • Personalized, client-focused service
  • Strategic contract negotiation
  • Proven success in dispute resolution
  • Comprehensive support for businesses of all sizes

 

Our mission is to ensure your business operates safely, efficiently, and with full legal protection.

 

Final Thoughts

 

Contracts are essential tools for protecting your business, building strong partnerships, and ensuring operational stability. Understanding business law contracts empowers you to make smarter decisions and avoid legal pitfalls.

 

The LAW FIRM OF DAYREL SEWELL, PLLC, stands ready to assist with all your contract needs from drafting and negotiation to litigation and enforcement. Whether you’re launching a startup or managing a large enterprise, our attorneys ensure your contracts are strong, enforceable, and aligned with your business goals.

 

FAQs

 

1. Why do businesses need contracts?

Contracts prevent misunderstandings, protect legal rights, define expectations, and provide enforceable remedies when disputes arise.

 

2. What happens if a contract is breached?

The non-breaching party may seek damages, mediation, termination, or legal action, depending on the contract terms.

 

3. Who can draft a business contract?

While anyone can draft a contract, only an experienced business law attorney can ensure it is legally sound, enforceable, and free of loopholes.

 

4. How can LAW FIRM OF DAYREL SEWELL, PLLC help with contracts?

Our attorneys draft, review, negotiate, and enforce contracts while offering expert guidance in business law and commercial litigation.

 

 



Understanding the Appeals Process in New York Courts: A Complete Guide for 2025


When a court decision doesn’t reflect justice or when important legal errors impact the outcome, the appeals process in New York courts becomes a critical path for correcting those mistakes. Unlike trial courts that focus on facts, testimonies, and evidence, an appeal centers on whether the law was correctly applied. For individuals, businesses, and legal practitioners in New York, understanding the appellate system can make the difference between letting a judgment stand and successfully overturning it.

 

This guide explains how the New York appeals process works, what stages to expect, typical timelines, and how an experienced appellate attorney like those at The LAW FIRM OF DAYREL SEWELL, PLLC, can protect your rights throughout the journey.

 

What Is an Appeal in New York?

 

An appeal is a formal request for a higher court to review and potentially reverse, modify, or remand a decision made by a lower court. Appeals do not involve new evidence or witnesses. Instead, appellate judges examine whether:

 

  • The law was applied correctly
  • Proper procedures were followed
  • Legal or procedural errors influenced the outcome
  • Evidence failed to support the decision

 

This process is available for civil, criminal, commercial, administrative, and family court matters, offering litigants a structured way to challenge incorrect rulings.

 

Types of Appeals in New York Courts

 

New York’s court system is multi-layered, and appeals are handled at different levels depending on the case.

 

1. Appellate Terms

These courts hear appeals from the New York City Civil and Criminal Courts. They mainly manage lower-level matters and serve as an initial appellate platform for certain cases.

 

2. Appellate Division (Four Departments)

This is the most active appellate level. Each department reviews appeals from the Supreme Courts within its geographical region. Most appeals in New York go through these departments.

 

3. New York Court of Appeals

As the highest court in the state, it accepts only a small number of cases involving significant legal questions or statewide issues.

 

Who Can File an Appeal?

 

In New York, any party dissatisfied with a final judgment or certain appealable orders can file an appeal. Common examples include:

 

  • Civil judgments against an individual
  • Commercial disputes resulting in unfavorable outcomes for businesses
  • Summary judgments that seem legally incorrect
  • Criminal convictions
  • Rulings in family, real estate, or administrative matters

 

If the decision negatively affects your rights, you may have grounds to pursue appellate review.

 

Appeals In New York

Source: Kravet And Vogel, LLP

 

Grounds for Appeal in New York

 

To succeed in an appeal, the appellant must show that the lower court made a legal error, such as:

 

  • Misinterpretation of the law
  • Improper admission or exclusion of evidence
  • Procedural errors
  • Judge’s abuse of discretion
  • Insufficient evidence supporting the judgment
  • Constitutional violations

 

This is why having a skilled New York appellate attorney is essential; they know exactly what legal arguments appellate judges look for.

 

Step-by-Step: The Appeals Process in New York Courts

 

The appeals process involves several structured stages. Each step is essential to ensuring a fair and thorough review.

 

1. Filing the Notice of Appeal

The process begins with filing a Notice of Appeal, typically within 30 days of receiving the judgment or order. This deadline is strict, and missing it may prevent the appeal from moving forward.

 

2. Compiling the Record on Appeal

The Record on Appeal includes transcripts, evidence, court filings, exhibits, and motions from the trial. This collection of documents becomes the foundation for appellate review and ensures the judges have everything needed to examine the case.

 

3. Drafting the Appellate Brief

The appellate brief is the most influential part of the appeal. It lays out:

 

  • The legal issues
  • Errors made by the trial court
  • Relevant laws and precedents
  • Arguments supporting reversal or modification

 

This step requires precise legal writing and an in-depth understanding of New York appellate rules.

 

4. Respondent’s Brief

The opposing party submits their brief, defending the original ruling and responding to the arguments raised by the appellant. This document helps the court evaluate both perspectives.

 

5. Oral Argument (If Granted)

In some appeals, the court allows oral arguments. Attorneys present their positions before a panel of judges, who may ask clarifying questions. Effective oral advocacy can significantly influence the judges’ views.

 

6. The Appellate Decision

After reviewing the record, briefs, and arguments, the appellate court may:

 

  • Affirm the decision (uphold it)
  • Reverse the decision (overturn it)
  • Modify the ruling
  • Remand the case back to the lower court for further proceedings

 

The final decision depends on the significance and impact of the identified legal errors.

 

How Long Does the Appeals Process Take in New York?

 

The duration of a New York appeal varies. Most cases take 6 to 18 months, depending on complexity, caseload, and judicial department. Appeals involving extensive records, multiple issues, or complicated commercial matters may require additional time. Working with a skilled appellate attorney can help streamline filings and improve efficiency.

 

Why You Need an Experienced New York Appeals Attorney?

 

Appeals require a completely different legal skill set from trials. You need an appellate lawyer who:

 

  • Understands advanced legal analysis
  • Writes persuasive and authoritative briefs
  • Is skilled at identifying legal errors
  • Knows how to navigate New York’s strict appellate rules
  • Can deliver compelling oral arguments before appellate judges

 

Because appellate courts focus strictly on legal issues—not facts—precision and strategy are essential. This is where the LAW FIRM OF DAYREL SEWELL, PLLC provides an exceptional advantage.

 

Appeals attorney

Source: Salcedoappeals.com

 

When Should You Contact an Appeals Attorney?

 

You should consider reaching out to an appellate attorney if:

 

  • You receive an unfavorable court decision
  • You suspect the judge misinterpreted the law
  • Your trial attorney may have made mistakes
  • Evidence was mishandled or misapplied
  • You want a second opinion before appealing

 

Acting quickly helps you meet crucial filing deadlines and strengthens your appellate position.

 

Why Choose the LAW FIRM OF DAYREL SEWELL, PLLC for Your New York Appeal?

 

If you are considering an appeal in New York, the LAW FIRM OF DAYREL SEWELL, PLLC offers unmatched legal support grounded in experience, strategy, and dedication.

 

Extensive Appellate Expertise

The firm handles high-stakes appeals across civil, commercial, intellectual property, and real estate matters, giving clients access to thorough and informed representation.

 

Advanced Legal Writing & Analysis

Their appellate briefs are persuasive, well-structured, and backed by strong legal research, essential qualities for success in appellate courts.

 

Results-Focused Strategy

The firm emphasizes identifying reversible errors and maximizing your possibility of a favorable outcome.

 

Tailored Legal Approaches

Every appeal presents unique issues. Their attorneys customize strategies to address the specific circumstances of each case.

 

Strong Litigation Background

With extensive trial experience, the firm understands the nuances of lower court proceedings and can pinpoint errors others often overlook.

 

Final Thoughts

 

The appeals process in New York courts can be complex, technical, and overwhelming; with the right appellate attorney, it becomes a powerful tool to correct legal errors and pursue justice. Whether you’re a business owner, individual, or another attorney seeking appellate support, understanding your rights is essential.

 

If you need dedicated, strategic, and experienced appellate representation, the LAW FIRM OF DAYREL SEWELL, PLLC is ready to fight for you at every stage.

 

FAQs

 

How much does a New York appeal typically cost?

The cost varies widely based on case complexity, number of issues being reviewed, transcript length, and the amount of legal research required. Appeals involving commercial disputes or extensive trial records generally cost more. It’s best to consult a qualified appellate attorney to get a detailed fee estimate tailored to your specific situation.

 

Can the opposing party appeal if I win my case?

Yes, the opposing party has the same right to appeal if they believe the trial court made legal errors. If both parties file appeals, your case becomes a cross-appeal, and the appellate court will review arguments from both sides. This makes having an experienced appellate attorney even more important.

 

Does winning an appeal mean my case is completely over?

Not always. Winning an appeal may lead to a reversal, but many cases are remanded back to the lower court for a new trial, additional hearings, or modified rulings. Your appellate victory determines what happens next, and your attorney will prepare you for the next phase of the legal process.

 

What Is the Difference Between Briefs and Oral Arguments?

Briefs are detailed written documents submitted to the appellate court that outline the legal issues, arguments, case law, and reasons why the decision should be reversed or upheld. On the other hand, oral arguments are short, structured presentations where attorneys appear before a panel of judges to clarify key points from the briefs and answer the judges’ questions directly. 

 

 

 



What Resources Are Utilized When a Litigation Hold Is Lifted?


When a litigation hold is implemented, organizations must preserve all relevant data and records that may serve as evidence in a potential or ongoing legal case. However, once the litigation hold is lifted, it’s equally important to handle data responsibly and restore regular operations without compromising legal compliance. Understanding what resources are utilized during this process is essential for maintaining transparency, compliance, and efficiency.

 

At the LAW FIRM OF DAYREL SEWELL, PLLC, our experienced litigation attorneys, commercial litigators, and civil litigation lawyers guide clients through every stage of the litigation lifecycle, including how to properly manage and lift litigation holds. As a trusted New York law firm, we assist corporations, small businesses, and individuals in navigating the complex world of legal compliance, data management, and litigation strategy.

 

What Is a Litigation Hold?

 

A litigation hold, also known as a legal hold, is a directive issued to preserve information that could be relevant to a lawsuit or investigation. This includes emails, documents, contracts, text messages, and electronic data that may later serve as evidence.

 

When a civil litigation attorney or commercial litigation lawyer advises their client to initiate a litigation hold, it ensures that no crucial information is altered, deleted, or destroyed during the discovery process. Once the case concludes or the need for preservation ends, the litigation hold can be lifted, marking a significant stage in the legal process.

 

Litigation hold

Source: THK Law, LLP

 

What Happens When a Litigation Hold Is Lifted?

 

When the litigation hold is lifted, it signals that there is no longer a legal obligation to preserve the previously held data. However, this process must be handled with precision to prevent legal or regulatory issues. Several resources and steps are utilized to ensure proper execution.

 

1. Legal Counsel and Litigation Team

 

The primary resource involved is your litigation attorney or commercial litigator, who ensures compliance with all applicable laws before lifting the hold. The LAW FIRM OF DAYREL SEWELL, PLLC guides to ensure that data is handled appropriately, mitigating the risk of accidental destruction of relevant information.

 

2. IT and Data Management Systems

 

Your IT department or digital data specialists play a key role. They assess, archive, or securely delete data that was preserved under the litigation hold. Using approved data management tools ensures proper handling and documentation of this transition.

 

3. Compliance and Risk Management Teams

 

Compliance officers help confirm that lifting the litigation hold aligns with corporate policies and legal standards. They maintain records of what data was preserved and when it was released to avoid potential future disputes.

 

4. Document Retention Policies

 

After lifting the hold, organizations revert to their standard document retention policies. A well-structured retention schedule helps maintain efficiency and ensures legal readiness in the event of future litigation.

 

5. Auditing and Reporting Tools

 

Auditing tools help verify that the correct procedures were followed when lifting the hold. Detailed documentation of the process protects in case of later scrutiny or legal review.

 

Why Properly Lifting a Litigation Hold Matters?

 

Improperly lifting a litigation hold can expose businesses to legal risks, sanctions, or future liability. That’s why having the guidance of an experienced civil litigation lawyer or commercial litigation attorney is critical. At the LAW FIRM OF DAYREL SEWELL, PLLC, we ensure that every step from preservation to release complies with both federal and state laws.

 

Properly lifting a litigation hold offers several benefits:

 

  • Restores normal data management operations
  • Reduces storage and maintenance costs
  • Ensures continued compliance with legal and industry standards
  • Prevents potential claims of spoliation or evidence tampering

Litigation attorney

Source: Qanoon. online

 

The Role of LAW FIRM OF DAYREL SEWELL, PLLC

 

As one of New York’s leading litigation law firms, the LAW FIRM OF DAYREL SEWELL, PLLC, provides full-service representation for businesses and individuals facing complex legal matters. Our team of commercial litigators, civil litigation attorneys, and litigation lawyers brings deep expertise to every case.

 

We handle all aspects of litigation from initial investigations and litigation holds to final case resolution. Whether you need a commercial litigation lawyer for business disputes or a civil litigator for complex legal cases, our firm ensures every detail is managed with precision, integrity, and professionalism.

 

Key Takeaways

 

  • A litigation hold is lifted once there’s no longer a legal requirement to preserve data.
  • Resources used include legal counsel, IT teams, compliance officers, and auditing tools.
  • Proper management prevents data loss, legal exposure, and compliance violations.
  • Expert guidance from a trusted litigation attorney is essential for smooth execution.
  • The LAW FIRM OF DAYREL SEWELL, PLLC ensures full compliance and client protection throughout every stage of litigation.

 

Final Thoughts

 

When it comes to managing litigation holds and understanding what happens once they’re lifted, professional guidance is essential. The process involves more than simply deleting data; it requires a strategic approach to ensure compliance and risk mitigation.

 

At the LAW FIRM OF DAYREL SEWELL, PLLC, we combine deep legal expertise, technical understanding, and practical experience to help clients navigate this critical process seamlessly. Whether you need assistance with a litigation hold, civil litigation, or commercial dispute, our team stands ready to protect your interests and deliver effective legal solutions.

 

FAQs

 

1. When is a litigation hold received? 

A litigation hold is received when an organization or individual becomes aware of a potential or ongoing legal matter, such as a lawsuit, government investigation, or regulatory inquiry, that may require the preservation of evidence.

 

2. Who decides when a litigation hold is lifted?

A litigation hold is typically lifted under the guidance of a litigation attorney or commercial litigator, once the case or investigation has concluded and no further legal obligations exist.

 

3. What are the risks of lifting a litigation hold too early?

If lifted prematurely, it may lead to loss of relevant evidence, non-compliance penalties, or accusations of evidence destruction.

 

4. How can a litigation law firm help during this process?

A litigation law firm like the LAW FIRM OF DAYREL SEWELL, PLLC ensures proper compliance, documentation, and risk management throughout the process of lifting a litigation hold.

 

5. Why choose LAW FIRM OF DAYREL SEWELL, PLLC?

Because our firm combines deep litigation experience with a client-first approach, we ensure your business remains compliant, protected, and prepared for any future legal challenges.

 



What Is Patent Law and Why Is It Important?


Innovation is the driving force behind modern society, and protecting those innovations is essential. That’s where patent law comes in. Whether you’re an inventor, entrepreneur, or business owner, understanding what patent law is and how it impacts your intellectual property is crucial for maintaining your competitive edge.

At the LAW FIRM OF DAYREL SEWELL, PLLC, a trusted patent law firm in New York, our experienced patent attorneys and patent litigation lawyers provide comprehensive legal services to help inventors and businesses secure and defend their intellectual property rights.

 

What Is Patent Law?

 

Patent law is a branch of intellectual property law that grants inventors exclusive rights to their inventions for a certain period, typically 20 years. It allows creators to control how their inventions are used, produced, or sold, ensuring they benefit from their innovation.

 

Under U.S. patent law, patents are granted by the United States Patent and Trademark Office (USPTO) and generally cover inventions that are new, useful, and non-obvious. There are three main types of patents:

 

  • Utility patents – For new and useful processes, machines, or compositions.
  • Design patents – For unique, ornamental designs of functional items.
  • Plant patents – For new varieties of plants that can be asexually reproduced.

 

Working with an experienced patent lawyer ensures your invention meets these criteria and is protected against unauthorized use.

 

patent law

Source: RPJ Law

 

Why Is Patent Law Important?

 

Patent law is essential for protecting innovation, stimulating economic growth, and encouraging technological progress. Here’s why it matters:

 

  • Protection of Innovation: It prevents others from copying, selling, or using your invention without permission.
  • Encourages Investment: Companies and inventors are more likely to invest in research and development when they know their innovations are legally protected.
  • Competitive Advantage: A patent gives its holder a market monopoly for a limited time, ensuring profitability and recognition.
  • Promotes Economic Growth: Patents fuel entrepreneurship, attract investors, and drive job creation across industries.

 

Without patent law, innovators would risk losing their inventions to imitation, stifling creativity and economic progress.

 

The Role of a Patent Attorney

 

A patent attorney or patent law lawyer plays a vital role in protecting your intellectual property. Their expertise includes drafting, filing, and prosecuting patent applications, as well as defending patents in patent litigation.

 

At the LAW FIRM OF DAYREL SEWELL, PLLC, our patent law attorneys guide clients through every stage of the process — from patent searches and application preparation to enforcement and litigation. We ensure that your intellectual property remains secure and enforceable under both U.S. and international patent laws.

 

Patent attorney

Source: Schell IP

 

Patent Litigation: Protecting Your Rights

 

Even with proper registration, disputes often arise over patent ownership, infringement, or validity. That’s when you need a skilled patent litigation lawyer or patent litigation attorney to defend your rights.

 

Our patent litigation law firm in New York specializes in resolving complex patent disputes efficiently and strategically. Whether you’re enforcing your patent or defending against an infringement claim, our experienced litigators at LAW FIRM OF DAYREL SEWELL, PLLC are prepared to represent you in both federal and international courts.

 

Domestic and International Patent Law

 

While U.S. patent law governs inventions within the United States, businesses operating globally must also comply with international patent law. Filing under the Patent Cooperation Treaty (PCT) allows inventors to seek patent protection in multiple countries simultaneously.

 

As an international patent law firm, the LAW FIRM OF DAYREL SEWELL, PLLC assists clients in navigating cross-border patent filings, ensuring compliance with international standards and maximizing protection worldwide.

 

Why Choose LAW FIRM OF DAYREL SEWELL, PLLC?

 

Selecting the right patent law firm can make all the difference in protecting your innovation. Here’s what sets us apart as one of the top patent law firms in New York:

 

  • Deep expertise in intellectual property and patent law
  • Experienced patent litigation attorneys with a proven track record
  • Strategic legal advice for inventors, startups, and corporations
  • Personalized attention and transparent communication
  • Representation in both U.S. and international patent law matters

 

When searching for the best patent law firm or top patent law firm, trust the LAW FIRM OF DAYREL SEWELL, PLLC to safeguard your intellectual property with precision, professionalism, and passion.

 

Final Thoughts

 

In today’s innovation-driven economy, protecting your ideas isn’t optional; it’s essential. Understanding patent law empowers inventors and businesses to secure their competitive edge and maintain ownership of their creations.

 

Whether you’re filing your first patent, defending an infringement claim, or expanding into global markets, the LAW FIRM OF DAYREL SEWELL, PLLC stands ready to protect your intellectual property. Our experienced patent attorneys and litigation lawyers are committed to ensuring your innovations are secure under both U.S. and international patent law.

 

FAQs

 

1. Are intellectual property and patent law the same? 

No, intellectual property and patent law are not the same. Intellectual property law covers a broad range of rights, including copyrights, trademarks, and patents, while patent law specifically protects inventions and innovations by granting exclusive rights to their creators for a limited time.

 

2. What does a patent attorney do?

A patent attorney handles all aspects of patent protection, from drafting and filing applications to representing clients in patent litigation and enforcement proceedings.

 

3. How long does a patent last under U.S. patent law?

Most utility patents last for 20 years from the filing date, while design patents last 15 years. Renewal and maintenance fees may apply to keep patents active.

 

4. Can international patents protect my invention globally?

While no single “global patent” exists, filing under the Patent Cooperation Treaty (PCT) helps secure protection in multiple countries simultaneously.

 

5. Why hire LAW FIRM OF DAYREL SEWELL, PLLC for patent law services?

Because our firm combines expertise in patent prosecution and litigation, we offer strategic, end-to-end protection for inventors and businesses under U.S. and international patent law.



Legal Considerations in NYC Healthcare Compliance and FDA Regulations


The healthcare industry in New York City is one of the most regulated sectors in the nation. From hospitals and clinics to pharmaceutical companies and medical device manufacturers, every entity must comply with strict federal and state laws. Understanding healthcare compliance and FDA regulations isn’t optional; it’s essential to avoid penalties, lawsuits, and reputational harm.

 

At the LAW FIRM OF DAYREL SEWELL, PLLC, our experienced attorneys guide healthcare professionals, businesses, and organizations through the intricate web of healthcare law, ensuring full compliance with both FDA and New York State regulations.

 

Understanding Healthcare Compliance in NYC

 

Healthcare compliance refers to the process of adhering to legal, ethical, and professional standards that govern the healthcare industry. In New York, these regulations are particularly complex due to overlapping federal, state, and local rules.

 

Some key components of healthcare compliance include:

 

  • Patient Privacy: Compliance with the Health Insurance Portability and Accountability Act (HIPAA) to safeguard patient data.
  • Billing and Coding Accuracy: Preventing false claims or overbilling under Medicare and Medicaid programs.
  • Licensing and Accreditation: Ensuring healthcare professionals and facilities meet all licensing and operational requirements.
  • Anti-Kickback and Fraud Prevention: Adhering to laws like the Anti-Kickback Statute and the False Claims Act to prevent unlawful financial incentives.
  • Ethical Medical Practices: Maintaining professional integrity in all aspects of patient care and research.

 

A skilled healthcare compliance attorney ensures your organization’s operations are legally sound and ethically aligned with both federal and state expectations.

 

healthcare compliance lawyer

Source: CureMD Blog

 

The Role of FDA Regulations in NYC Healthcare

 

The U.S. Food and Drug Administration (FDA) regulates the safety, effectiveness, and quality of drugs, medical devices, food products, and biologics. For New York City’s thriving healthcare and biotech industries, FDA compliance is a cornerstone of legal operation.

 

Key FDA-regulated areas include:

 

  • Drug and Device Approval: Ensuring products meet FDA safety and efficacy standards before distribution.
  • Clinical Trials and Research: Complying with FDA and Institutional Review Board (IRB) requirements for ethical testing.
  • Manufacturing Standards (GMP): Following Good Manufacturing Practices to maintain product quality.
  • Labeling and Advertising Compliance: Ensuring truthful and non-misleading marketing of drugs and medical devices.
  • Post-Market Surveillance: Reporting adverse events and monitoring product performance after approval.

 

Failure to comply with FDA regulations can result in hefty fines, recalls, or even criminal charges, making proactive legal guidance essential.

 

Legal Challenges Healthcare Providers Face in New York

 

Healthcare organizations in NYC face a unique blend of legal and regulatory pressures. Some common challenges include:

 

  • Managing data privacy amid evolving cyber threats
  • Navigating federal and state licensing requirements
  • Addressing compliance violations during audits or investigations
  • Responding to FDA enforcement actions or warning letters
  • Handling contract disputes or employment issues within healthcare entities

 

Given the high stakes, engaging a qualified healthcare compliance attorney in New York is vital to mitigate risks and maintain uninterrupted operations.

 

How does the LAW FIRM OF DAYREL SEWELL, PLLC help?

 

The LAW FIRM OF DAYREL SEWELL, PLLC offers comprehensive legal support tailored to healthcare providers, medical practices, and biotech companies navigating compliance and regulatory issues. Our attorneys provide:

 

  • Regulatory Guidance: Ensuring adherence to FDA, HIPAA, and New York State Department of Health regulations.
  • Compliance Audits and Training: Helping organizations identify gaps and implement best practices.
  • Representation in Investigations: Defending clients in FDA or government investigations.
  • Policy Development: Drafting compliant internal policies and procedures.
  • Litigation Defense: Representing healthcare entities in civil or administrative proceedings.

 

With extensive experience in civil litigation, healthcare law, and regulatory defense, our firm combines deep legal knowledge with strategic insight to protect your organization.

 

Why Healthcare Compliance Matters?

 

Noncompliance can have severe consequences, from financial penalties to loss of professional licenses and reputational damage. By prioritizing compliance, healthcare organizations can:

 

  • Avoid costly legal disputes and sanctions
  • Enhance patient trust and care quality
  • Strengthen institutional integrity
  • Improve operational efficiency and oversight

 

Proactive legal counsel helps transform compliance from a regulatory burden into a competitive advantage.

 

The Connection Between Healthcare Compliance and Civil Litigation

 

Regulatory violations often lead to civil litigation. For instance, improper billing, data breaches, or FDA noncompliance can result in lawsuits or government enforcement actions.

 

The LAW FIRM OF DAYREL SEWELL, PLLC has extensive experience handling civil litigation and commercial disputes. Our team ensures that clients are prepared to respond effectively to legal challenges while maintaining compliance with all applicable regulations.

 

Healthcare compliance law

Source: Arfdlaw.com

 

Final Thoughts

 

The healthcare industry’s legal landscape in New York City demands precision, diligence, and deep regulatory understanding. Whether you are a hospital administrator, medical device manufacturer, or biotech innovator, compliance is not optional — it’s a legal necessity.

 

The LAW FIRM OF DAYREL SEWELL, PLLC stands as a trusted partner for healthcare entities, offering robust representation and practical solutions to ensure compliance and minimize risk.

 

Contact the LAW FIRM OF DAYREL SEWELL, PLLC today to discuss your healthcare compliance needs and ensure your organization remains on the right side of the law.

 

FAQs

1. What is healthcare compliance, and why is it important?

Healthcare compliance ensures medical organizations adhere to legal, ethical, and professional standards, reducing risks of penalties, lawsuits, and reputational damage while promoting quality patient care and operational integrity.

 

2. How does FDA regulation impact New York healthcare providers?

FDA regulations oversee the approval, manufacturing, and marketing of medical products. NYC providers must comply to ensure patient safety, avoid penalties, and maintain lawful operations in healthcare and biotech sectors.

 

3. What happens if an organization violates healthcare compliance laws?

Violations can result in heavy fines, loss of licenses, criminal charges, or civil litigation. Early legal intervention from a qualified healthcare attorney helps mitigate damage and restore compliance quickly.

 

4. Why hire LAW FIRM OF DAYREL SEWELL, PLLC for healthcare compliance issues?

Because the firm combines deep experience in healthcare law, FDA regulations, and civil litigation, it offers strategic counsel, compliance audits, and defense for New York’s healthcare professionals and institutions.

 

5. How can healthcare organizations stay compliant in NYC?

Regular legal audits, staff training, robust privacy policies, and consultation with experienced attorneys like those at the LAW FIRM OF DAYREL SEWELL, PLLC are key to maintaining ongoing compliance and reducing legal risk.



What Is Business Law: Why Every Business Needs a Business Law Firm


 

Running a business is exciting, but it also means navigating a complex web of legal responsibilities. From forming your company to managing contracts and resolving disputes, business law shapes nearly every decision you make. Understanding the legal laws that govern your business is not just smart, it’s essential for long-term success.

 

Whether you’re a startup founder or a seasoned executive, partnering with an experienced business law firm in New York, like The LAW FIRM OF DAYREL SEWELL, PLLC, can make all the difference. Let’s explore why business law matters, how it protects your company, and why working with a skilled attorney ensures your peace of mind.

 

What Is Business Law?

 

Business law, also known as commercial law, governs how businesses form, operate, and interact with others. It includes rules and regulations that cover:

 

  • Business formation and structure (LLCs, corporations, partnerships)
  • Contract creation and enforcement
  • Employment and labor relations
  • Intellectual property protection
  • Mergers, acquisitions, and dissolutions
  • Business litigation and dispute resolution

 

In short, business law is the foundation that keeps companies legally compliant, fair, and protected in a competitive market. When you understand these legal laws for businesses, you minimize risks, avoid costly lawsuits, and ensure your company operates smoothly.

 

Why Should Businesses and Individuals Understand Business Law?

 

Ignorance of the law is never a defense, especially in the business world. Knowing the basics of business law helps entrepreneurs and professionals:

 

  • Avoid disputes by creating legally sound contracts
  • Comply with state and federal regulations
  • Protect assets and intellectual property
  • Handle employment matters ethically and legally
  • Prevent litigation through proactive legal planning

 

Whether you’re signing your first client agreement or expanding internationally, a basic understanding of business law legal principles helps you make confident decisions and avoid preventable mistakes.

 

Business law

Source: American public university

 

Key Areas of Business Law That Impact Every Company

 

1. The Law of Contract in Business Law

 

Contracts are the lifeblood of every business relationship. The law of contract in business law governs how agreements are formed, interpreted, and enforced. A single poorly written contract can lead to disputes, loss, or even lawsuits.

 

A business law attorney ensures your contracts are clear, enforceable, and in your best interest, whether it’s an employment agreement, vendor contract, or service partnership.

 

2. Business Litigation and Dispute Resolution

 

Even the most careful businesses face disagreements. When that happens, you need a business litigation law firm that can protect your interests.

 

At The LAW FIRM OF DAYREL SEWELL, PLLC, our attorneys represent businesses in commercial disputes, contract breaches, partnership conflicts, and other complex litigation matters. We work strategically, aiming for cost-effective resolutions while remaining prepared to take legal action when necessary.

 

3. Corporate and Commercial Compliance

 

Every business in New York is required to comply with both state and federal regulations. From licensing requirements to tax obligations, compliance is non-negotiable.

 

A business law firm in New York, like LAW FIRM OF DAYREL SEWELL, PLLC, helps clients stay compliant, prepare corporate documents, and manage risk so you can focus on growth.

 

4. International Business Law and Global Expansion

 

In today’s global economy, many New York businesses engage with international partners or operate across borders. International business law governs cross-border contracts, trade compliance, intellectual property rights, and international disputes.

 

Understanding these laws, including how international environmental laws impact businesses, is essential for sustainable growth. The LAW FIRM OF DAYREL SEWELL, PLLC helps clients navigate global legal frameworks, ensuring compliance with both U.S. and foreign regulations.

 

5. Environmental and Sustainability Regulations

 

Environmental laws increasingly affect how companies operate, from waste management to emissions control. International environmental laws also impact multinational companies and supply chains.

 

Businesses that fail to comply face serious financial and reputational risks. A qualified business law lawyer can help ensure your operations meet environmental standards, protecting your brand and long-term success.

 

How a Business Law Attorney Protects Your Company

 

Hiring a business law attorney isn’t just about solving problems; it’s about preventing them. Here’s how an experienced legal partner supports your business at every stage:

 

  • Startups: Choosing the right entity structure and drafting partnership agreements
  • Growing Businesses: Reviewing contracts, protecting intellectual property, and managing employee relations
  • Established Companies: Handling mergers, acquisitions, and litigation
  • Global Operations: Advising on cross-border trade and compliance with international laws

 

At the LAW FIRM OF DAYREL SEWELL, PLLC, our firm believes that proactive legal planning is the key to business stability and growth.

 

business law attorney

Source: Berardi law office

 

Why Choose The LAW FIRM OF DAYREL SEWELL, PLLC?

 

When it comes to business law services, experience and dedication matter. The LAW FIRM OF DAYREL SEWELL, PLLC stands out for its:

 

  • Deep knowledge of New York business law and regulations
  • Proven litigation experience in both state and federal courts
  • Personalized service tailored to each client’s needs
  • Strategic, results-driven representation for businesses of all sizes

 

Our attorneys understand that every business is unique. Whether you’re drafting your first contract or defending your company in court, we deliver practical, cost-effective solutions with your goals in mind.

 

Conclusion:

 

Business law isn’t just about compliance; it’s about confidence. By understanding legal laws for businesses and partnering with a trusted business law firm, you ensure your company is legally protected and prepared for the future.

 

If you’re a business owner in New York or expanding internationally, don’t wait for a legal issue to arise. Contact The LAW FIRM OF DAYREL SEWELL, PLLC today to schedule a consultation with our experienced business law attorneys and safeguard your company’s success.

 

FAQs

 

What does a business law attorney do?

A business law attorney advises and represents clients in all areas of business operations — including contracts, compliance, disputes, and litigation.

 

Why is business law important for companies in New York?

New York has complex state and city regulations. Business law ensures compliance, minimizes risks, and protects companies from costly legal disputes.

 

Do you handle international business law matters?

Yes. The LAW FIRM OF DAYREL SEWELL, PLLC, advises clients on cross-border contracts, intellectual property protection, and global compliance.

 

What are common types of business litigation cases?

They include contract breaches, partnership disputes, shareholder conflicts, and employment-related claims.

 

How can I contact your firm for business law services?

Visit sewellnylaw.com or call the LAW FIRM OF DAYREL SEWELL, PLLC to schedule a consultation with our business law team.

 



What Is Civil Litigation? Complete Guide to Resolve Legal Disputes


In today’s complex world, disputes between individuals, organizations, or businesses are inevitable. Whether it’s a contract disagreement, workplace issue, or property matter, resolving these conflicts fairly often requires the legal process known as civil litigation.

 

This guide will walk you through everything you need to know about civil litigation, what it is, how it works, and why hiring an experienced civil litigation attorney is essential. For those seeking skilled representation in New York, the LAW FIRM OF DAYREL SEWELL, PLLC stands out as a trusted advocate for clients involved in civil and commercial disputes.

 

What Is Civil Litigation?

 

Civil litigation is a legal process where one party sues another to resolve a dispute and seeks compensation, not punishment. These are brought by the government, and civil cases are usually filed by private individuals, businesses, or organizations seeking justice for harm or financial loss.

 

Common examples include contract breaches, employment disputes, personal injury claims, and real estate disagreements. These cases often revolve around financial recovery, protection of rights, or business interests rather than criminal charges.

 

A civil litigation lawyer plays a key role in guiding clients through this process from the initial consultation to court representation, ensuring that every step is handled strategically and efficiently.

 

The Civil Litigation Process Explained

 

The civil litigation process is structured but can vary based on the type and complexity of the case. Generally, it includes several key stages that both parties must navigate carefully.

 

First, the plaintiff files a complaint describing the issue and desired remedy. The defendant then responds, either by denying the allegations or presenting counterclaims. Once both sides have presented their initial arguments, they move into the discovery phase, where evidence, documents, and witness statements are exchanged.

 

If settlement efforts fail, the case proceeds to trial, where a judge or jury determines the outcome. However, many civil disputes are settled long before reaching trial through negotiation or mediation, saving both time and expense.

 

Civil litigation

Source: Leaders In Law

 

Common Types of Civil Litigation Cases

 

Civil litigation encompasses a broad range of disputes, each requiring a distinct legal approach. The LAW FIRM OF DAYREL SEWELL, PLLC has extensive experience handling cases involving:

 

  • Business and Commercial Litigation – Breach of contract, partnership disputes, or business torts.
  • Employment Litigation – Claims involving wrongful termination, workplace discrimination, or wage disputes.
  • Real Estate Litigation – Property disputes, construction claims, or lease disagreements.
  • Personal Injury and Negligence – Cases involving accidents, injuries, or liability issues.
  • Intellectual Property Disputes – Trademark, copyright, or patent infringement cases.

 

Each case demands careful preparation, thorough investigation, and strong courtroom advocacy, all of which the firm’s civil litigators deliver consistently.

 

Why You Need a Civil Litigation Attorney?

 

While some disputes may seem straightforward, the legal process is rarely simple. Hiring an experienced civil litigation attorney can make all the difference between a favorable outcome and a costly mistake.

 

A skilled attorney provides strategic legal advice, understands the procedural requirements, and builds strong evidence-based arguments. They also act as a negotiator, working toward settlements that protect your interests while avoiding unnecessary delays.

 

At LAW FIRM OF DAYREL SEWELL, PLLC, our civil litigation lawyers offer client-focused representation that balances assertiveness with practical problem-solving. Whether you’re a business owner or an individual, our firm ensures your case is handled with diligence and professionalism.

 

How the LAW FIRM OF DAYREL SEWELL, PLLC Helps Resolve Disputes?

 

When facing a legal dispute in New York, you need more than just representation — you need results. The LAW FIRM OF DAYREL SEWELL, PLLC brings experience, strategy, and dedication to every case.

 

Our attorneys have successfully represented clients in both state and federal courts, offering comprehensive support in civil and commercial litigation. The firm’s approach emphasizes:

 

  • Clear communication and transparency throughout the process.
  • Personalized strategies tailored to each client’s goals.
  • Efficient dispute resolution through negotiation, mediation, or trial.
  • Proven success in complex civil and business litigation matters.

 

By choosing our firm, clients gain more than legal counsel — they gain a trusted partner committed to protecting their rights and achieving lasting results.

Civil litigation attorney

Source: Patrons Legal

 

Tips for Handling Civil Litigation Effectively

 

If you’re involved in a civil dispute, taking the right steps early can make a big difference in your case. Here are a few key recommendations:

 

  • Document Everything: Keep all records, contracts, and communication in order.
  • Stay Professional: Avoid emotional exchanges that could harm your position.
  • Explore Settlement Options: Mediation often leads to faster, less costly outcomes.
  • Hire the Right Attorney: Consult a civil litigator who understands your situation.
  • Be Patient and Informed: Litigation can take time, but knowledge is your best tool.

 

Being proactive and working with a reliable civil litigation lawyer ensures that your case proceeds smoothly and strategically.

 

Final Thoughts

 

Civil litigation is a vital part of the justice system, offering individuals and businesses a fair way to resolve legal conflicts. However, success requires knowledge, preparation, and strong advocacy.

 

If you are dealing with a civil dispute in New York, the LAW FIRM OF DAYREL SEWELL, PLLC is here to help. Our civil litigation attorneys provide comprehensive legal support and representation in both state and federal courts.

 

Don’t face litigation alone. Contact LAW FIRM OF DAYREL SEWELL, PLLC today to discuss your case and explore your best legal options.

 

FAQs

What does a civil litigation lawyer do?

A civil litigation lawyer represents clients in non-criminal disputes, managing everything from filing claims to negotiating settlements or representing clients in court to achieve the best possible outcome.

 

How long does a civil litigation case take in New York?

The duration depends on the case’s complexity. Some matters settle in a few months, while others can take a year or more if they go to trial.

 

Can I resolve a civil dispute without going to court?

Yes. Many civil cases are settled through mediation or negotiation, helping both parties save time and avoid the stress of a trial.

 

What is the difference between civil and commercial litigation?

Civil litigation covers personal and business disputes, while commercial litigation focuses specifically on conflicts between businesses, such as contract breaches or partnership issues.

 

Why choose LAW FIRM OF DAYREL SEWELL, PLLC for civil litigation?

The firm combines deep legal expertise, strong negotiation skills, and a client-first approach to deliver effective, strategic results in both civil and commercial litigation cases.

 



The Role of a Litigation Attorney in Business Disputes


Business disputes are part of today’s competitive marketplace. From contract disagreements to shareholder conflicts, legal challenges can disrupt operations, drain resources, and damage reputations. When conflicts escalate, having a skilled litigation attorney becomes crucial. These legal professionals not only represent businesses in court but also guide them through the entire dispute-resolution process.

 

In this article, we’ll explore the role of a litigation attorney in business disputes, why their expertise is vital, and how the LAW FIRM OF DAYREL SEWELL, PLLC supports businesses in New York with reliable legal solutions.

 

The Role of a Litigation Attorney in Today’s Business World

 

A litigation attorney, often referred to as a trial lawyer, plays a critical role in safeguarding businesses when disputes arise. Unlike transactional attorneys who focus on drafting agreements and compliance, litigation attorneys step in when conflicts escalate into serious legal matters.

 

In today’s business world, where contracts are global, intellectual property is digital, and regulations are more complex than ever, having a skilled litigation attorney ensures your company’s interests are defended. They represent businesses in negotiations, arbitration, and courtrooms while also providing strategies to prevent disputes from disrupting operations.

 

Litigation attorney for business disputes

Source: One Legal

 

Why Litigation Attorneys Matter in Business Conflicts?

 

Business disputes can be complex, costly, and time-consuming. A litigation attorney provides more than courtroom advocacy—they bring strategy, negotiation skills, and risk management to the table. They analyze the strengths and weaknesses of your case, advise on settlement options, and, if necessary, represent your company before a judge or jury.

 

By offering both preventive guidance and aggressive defense, litigation attorneys help minimize risks while ensuring that businesses can continue to operate smoothly.

 

Common Types of Business Disputes

 

A business dispute attorney handles a wide range of business-related conflicts. Some of the most common include:

 

  • Breach of Contract: When one party fails to meet its obligations under a legally binding agreement.
  • Partnership and Shareholder Disputes: Conflicts between co-owners or disagreements over company management.
  • Employment Litigation: Issues involving wrongful termination, wage claims, or non-compete agreements.
  • Intellectual Property Disputes: Protecting trademarks, copyrights, and trade secrets from misuse.
  • Commercial Real Estate Conflicts: Lease disagreements, property zoning issues, or construction disputes.

 

Each of these disputes requires tailored strategies, and a skilled business litigation attorney ensures that companies are well-protected at every stage.

 

Litigation Attorneys resolving business disputes

Source: Very Law

 

What Is The Litigation Process?

 

When a dispute arises, a litigation attorney in New York guides the client through structured steps:

 

  1. Case Evaluation – Reviewing the facts, contracts, and potential outcomes.
  2. Pre-Trial Preparation – Drafting complaints, gathering evidence, and preparing witnesses.
  3. Negotiation or Mediation – Attempting settlement before a case goes to trial.
  4. Trial Advocacy – Presenting arguments, cross-examining witnesses, and fighting for favorable outcomes.
  5. Post-Trial Actions – Handling appeals or enforcing judgments if necessary.

 

This process ensures that businesses have strong representation from start to finish, whether in settlement discussions or courtroom litigation.

 

Why Choose the LAW FIRM OF DAYREL SEWELL, PLLC?

 

For business owners in New York, the LAW FIRM OF DAYREL SEWELL, PLLC is a trusted name in litigation. The firm is known for its client-centered approach, aggressive advocacy, and deep knowledge of commercial litigation.

 

Clients choose this firm because:

 

  • They have a track record of success in complex disputes.
  • The team takes a personalized approach, tailoring strategies to client goals.
  • Their attorneys combine strong negotiation skills with courtroom expertise.
  • They provide end-to-end legal support, from consultation through trial.

 

Whether you’re facing a breach of contract claim, shareholder dispute, or intellectual property battle, the LAW FIRM OF DAYREL SEWELL, PLLC offers the experience and dedication needed to safeguard your business.

 

Final Thoughts

 

Business disputes can quickly derail growth and damage hard-earned reputations. A litigation attorney plays a vital role in managing conflicts, protecting assets, and guiding companies through legal challenges.

 

If your business is facing a dispute in New York, partner with the LAW FIRM OF DAYREL SEWELL, PLLC for trusted, results-driven legal representation.

 

Contact the LAW FIRM OF DAYREL SEWELL, PLLC today to schedule a consultation and protect your company’s future.

 

FAQs

 

Do I always need a litigation attorney for a business dispute?

While not every disagreement requires immediate litigation, hiring a litigation attorney ensures your rights are protected from the start. They can assess the case, prevent escalation, and recommend solutions such as negotiation, mediation, or trial if necessary.

 

Can business disputes be resolved without going to trial?

Yes, many business disputes can be resolved outside of court. Litigation attorneys often pursue mediation or arbitration to save time and costs. These methods provide faster outcomes, preserve business relationships, and avoid the lengthy process of courtroom litigation.

 

What makes the LAW FIRM OF DAYREL SEWELL, PLLC stand out?

The LAW FIRM OF DAYREL SEWELL, PLLC, stands out for its personalized approach, strong courtroom advocacy, and proven success in complex commercial disputes. They tailor strategies to business goals while providing comprehensive support from case evaluation through resolution.

 



Who Owns the Copyright of AI-Generated Works? Legal Risks in New York


The legal uncertainty surrounding copyright protection for AI-generated works is rooted in the foundational principles of copyright law, recent case law developments, and evolving guidance from the U.S. Copyright Office. This guide explores originality and authorship, key case law, regulatory updates, hypothetical scenarios, business risks, and reform proposals, all with a focus on how creators, developers, and businesses in New York can navigate ownership rights and infringement risks when human authorship is not clearly established.

 

At the heart of the issue, New York’s creative economy, including publishing houses, media outlets, advertising agencies, and tech startups, finds itself at a crossroads. The appetite for generative AI tools is undeniable, but the law’s insistence on human authorship risks leaving some of the most innovative outputs unprotected. The tension between innovation and doctrine runs through every legal dispute.

 

Ownership and Protection Under Copyright Law

 

Under U.S. copyright law, protection applies only to “original works of authorship fixed in any tangible medium of expression.” 17 U.S.C. § 102. This excludes ideas, procedures, processes, systems, and methods of operation. Section 101 defines an “author” to include individuals or entities for whom works are made for hire, but it does not account for non-human creators.

 

This statutory framework creates a core challenge for AI-generated works. Without clear human authorship, courts and regulators have repeatedly rejected copyright claims. Businesses may view AI tools as creative partners, but the law treats them as instruments like brushes or cameras. Until reform occurs, copyright attorneys in New York advise companies to ensure identifiable human input in every creative step.

 

Copyright protection for AI content

Source: Areness Law

 

Case Law and Regulatory Guidance

 

Several recent cases highlight the copyright issues surrounding AI:


– Thaler v. Perlmutter (2023): The D.C. District Court ruled that works created solely by AI cannot be copyrighted. Human authorship remains a constitutional requirement.

 

– U.S. Copyright Office (March 2023 Guidance): Only human-authored portions of AI-generated works may be registered if the human maintains creative control.

 

– The New York Times Co. v. Microsoft Corp. (2023): Ongoing case alleging AI companies unlawfully used copyrighted works for training datasets.

 

– The Intercept Media v. OpenAI (2024): Plaintiffs alleged infringement through content scraping and removal of copyright management information.

 

These disputes show courts applying traditional principles to emerging technology. For New York’s media and publishing industries, the takeaway is clear: without meaningful human involvement, copyright protection remains limited.

 

Hypothetical Scenarios: Who Owns AI-Generated Content?

 

Imagine a business using AI for marketing visuals. If a human merely enters a vague prompt, the resulting work may lack copyrightable authorship. However, when a person exercises creative judgment, curating outputs, directing edits, and refining results, their contributions may establish authorship.

 

As Ranieri v. Adirondack Dev. Group (2016) explained, providing ideas does not make one an author. Authorship depends on expressive choices. For New York businesses, documenting human involvement in AI-assisted projects is crucial to support copyright claims.

 

Business Risks: Infringement and Licensing

 

Businesses relying on generative AI face two primary risks:

 

– Infringement Claims – AI trained on copyrighted datasets could expose both developers and users to liability.

– Ownership Disputes – Without clear agreements, questions may arise over who owns AI-assisted work.

 

For New York businesses, especially in media and advertising, proactive risk management is essential: define ownership in contracts, ensure human creative oversight, and work with an experienced intellectual property litigation attorney.

 

Proposals for Reform and Policy Considerations

 

Scholars and policymakers are exploring options to address AI copyright gaps:

 

– Expanding “authorship” definitions to recognize AI as a co-creator.

 

– Legislative amendments clarifying ownership of AI-generated works.

 

– Introducing sui generis rights, similar to EU database protections.

 

Any reform must balance rewarding human creativity with encouraging innovation. For now, industry-led solutions such as Adobe’s Content Credential system or standardized licensing frameworks proposed by groups like the Dataset Providers Alliance are filling the gap until legislation catches up.

 

AI generated works on copyright laws

Source: LinkedIn

 

Practical Steps for New York Businesses

 

To minimize risks while using AI in creative industries, businesses should:

 

– Ensure human creators actively guide and direct AI outputs.

 

– Document the role of human decision-making in the process.

 

– Use contracts that clearly define ownership of AI-assisted works.

 

– Monitor evolving case law and regulatory policies.

 

The safest path forward is to treat AI as a creative assistant—not an author—and assume courts will scrutinize human input.

 

Why Choose the LAW FIRM OF DAYREL SEWELL, PLLC?

 

For businesses and creators in New York navigating the complex world of AI-generated copyright issues, the LAW FIRM OF DAYREL SEWEL, PLLC, provides trusted legal guidance.

 

– Proven Experience in intellectual property and copyright litigation.

 

– Strategic Legal Solutions tailored to AI and emerging technology challenges.

 

– Client-Centered Approach, ensuring your business goals remain protected.

 

– Comprehensive Representation in negotiation, litigation, and compliance.

 

Whether you are a startup, media company, or creative professional, the LAW FIRM OF DAYREL SEWELL, PLLC, offers the expertise to safeguard your rights and manage risks in this evolving legal landscape.

 

Contact the LAW FIRM OF DAYREL SEWELL, PLLC, today to schedule a consultation and protect your creative assets.

 

 

FAQs

– Can AI-generated works be copyrighted in New York?

 

No, works created solely by AI cannot be copyrighted under current U.S. law. Human authorship is required, though human contributions in guiding AI may qualify for protection.

 

– Who owns AI-assisted works in a business setting?

 

Ownership depends on contracts and human involvement. If an employee or contractor uses AI, businesses should clarify rights in agreements to avoid future disputes.

 

– What legal risks do New York businesses face when using AI?

 

The biggest risks include infringement claims from training data and uncertainty over who owns AI-generated content. Proper contracts, documentation, and compliance help mitigate these issues.

 

– How can the LAW FIRM OF DAYREL SEWELL, PLLC help?

 

The firm provides expert legal counsel on copyright disputes, intellectual property litigation, and contract drafting for businesses using AI in New York.

 

 

 



Top Qualities to Look for in a Litigation Attorney Before Hiring


Hiring the right litigation attorney can make or break the outcome of your legal dispute. Whether you are facing a business conflict, civil lawsuit, or intellectual property issue, choosing an attorney with the right qualities ensures that your case is handled strategically and effectively.

In this guide, we’ll outline the top qualities to look for in a litigation attorney before hiring, and why the LAW FIRM OF DAYREL SEWELL, PLLC is a trusted choice for individuals and businesses in New York.

 

What Is a Litigation Attorney?

A litigation attorney, also known as a litigation lawyer, represents clients in lawsuits and disputes that could potentially go to court. Unlike transactional lawyers, who focus on drafting contracts or advising on compliance, litigation attorneys step in when conflicts arise that require negotiation, arbitration, or court proceedings.

For businesses, this means having a skilled advocate who can navigate the complexities of commercial litigation.

 

What Does a Litigation Attorney Do?

Their role is to guide clients through every stage of the litigation process from the first consultation to trial, and sometimes even appeals.

 

Key Responsibilities of a Litigation Attorney:

1. Case Evaluation – Reviewing facts, contracts, and evidence to build a strong strategy.

2. Legal Research & Pleadings – Drafting complaints, responses, motions, and other filings.

3. Discovery Process – Collecting evidence, interviewing witnesses, and analyzing records.

4. Negotiation & Settlement – Working to resolve disputes before they escalate to trial.

5. Courtroom Representation – Arguing cases before judges and juries, presenting evidence, and cross-examining witnesses.

6. Post-Trial Actions – Handling appeals or enforcing judgments when necessary.

7. Preventive Counsel – Advising clients on compliance and risk management to avoid future disputes.

 

In short, a litigation attorney protects your rights, assets, and reputation while navigating the complexities of the legal system.

 

Litigation attorney in brooklyn

Source: Qanoon.Online

 

Top Qualities to Look for in a Litigation Attorney

1. Extensive Experience in Litigation

Experience is the backbone of effective advocacy. A seasoned litigation attorney understands courtroom procedures, negotiation tactics, and case strategies. Look for a lawyer who has successfully handled cases similar to yours, whether it’s business litigation, breach of contract, or employment disputes.

 

2. Strong Communication Skills

A great litigation attorney must explain complex legal terms in a way that clients can easily understand. They should also excel in written and oral communication, ensuring arguments are persuasive in both settlement talks and court proceedings.

 

3. Strategic Thinking & Problem-Solving

Every case is unique. The best attorneys think several steps ahead, anticipating counterarguments and tailoring strategies that maximize success. A litigation attorney in New York must adapt quickly, especially when cases involve corporate, intellectual property, or regulatory issues.

 

4. Negotiation & Settlement Skills

Not every dispute needs to end in court. A skilled litigation lawyer knows when to push for a settlement and when to pursue a trial. Effective negotiators save clients valuable time, costs, and stress while still securing favorable outcomes.

 

5. Trial Advocacy & Courtroom Confidence

When cases go to trial, you need an attorney who can command the courtroom. A qualified trial attorney should be comfortable presenting evidence, cross-examining witnesses, and persuasively arguing before a judge and jury.

 

6. Attention to Detail

Litigation often hinges on small details, contracts, timelines, or legal filings. A meticulous attorney ensures no mistake undermines your case, protecting your legal and financial interests.

 

7. Client-Centered Approach

The best attorneys prioritize their clients’ goals and concerns. Look for a litigation attorney who values transparency, updates you regularly, and tailors legal strategies to your business or personal objectives.

 

Why Choose the LAW FIRM OF DAYREL SEWELL, PLLC?

When seeking the best litigation attorney in New York, the LAW FIRM OF DAYREL SEWELL, PLLC stands out for combining legal expertise with a client-first philosophy.

 

Here’s why business owners and individuals trust the firm:

 

  • Proven Experience in business disputes, civil litigation, and intellectual property law
  • Strategic Legal Solutions customized to your unique case
  • Strong Negotiation & Trial Skills to achieve the best possible results
  • Transparent Communication with clear, client-focused guidance
  • Reputation for Excellence in litigation across New York City

 

Whether you’re a small business owner, entrepreneur, or individual navigating a complex dispute, the LAW FIRM OF DAYREL SEWELL, PLLC provides the legal strength and advocacy you need.

 

Final Thoughts

Choosing the right litigation attorney is one of the most important decisions you can make when facing a legal challenge. The best attorneys combine experience, strategy, communication, and client focus to protect your interests and secure positive results.

If you are seeking a trusted litigation attorney in New York, contact the LAW FIRM OF DAYREL SEWELL, PLLC, today. With a proven record of success in commercial and civil disputes, they are dedicated to providing tailored strategies that safeguard your future.

Schedule a consultation with the LAW FIRM OF DAYREL SEWELL, PLLC, today to discuss your case.

 

FAQs 

1. How do I know if I need a litigation attorney?

If you’re involved in a business dispute, contract breach, or civil lawsuit, you should contact a litigation attorney as early as possible to protect your rights.

 

2. What’s the difference between a litigation attorney and a trial lawyer?

A litigation attorney handles disputes from start to finish, including pre-trial, settlement negotiations, and trial. A trial lawyer focuses primarily on courtroom advocacy.

 

3. How much does a litigation attorney cost in New York?

Costs vary depending on the complexity of your case. The LAW FIRM OF DAYREL SEWELL, PLLC offers clear guidance on fees during your consultation.

 

4. Can business disputes be resolved without going to court?

Yes. Many disputes are settled through mediation or arbitration. A skilled litigation attorney will advise whether a settlement or trial is in your best interest.