Force majeure is a contractual provision that excuses a party’s performance if an unforeseeable event prevents them from fulfilling their obligations under the agreement. Not all agreements (especially lease agreements) contain these provisions, but some of them do. Landlords frequently object to the inclusion of these provisions for practical reasons. However, that does not mean
Restaurant Law Blog
Blog Authors
Latest from Restaurant Law Blog
Hospitality Update: COVID-19 – NYS Liquor Authority – Delivery of Alcohol
As of this morning, the NYS Liquor Authority is permitting all On-Premises licenses to sell and deliver beer, wine and liquor. This is a significant departure from the prior restriction limiting the sale and delivery to only beer. Additionally, if you are overstocked, you are now permitted to return for a credit any and all…
Is Your Restaurant or Hotel in Compliance with New York’s Spread of Hours Law?
What is the Spread of Hours Law? Title 12 of the New York Codes, Rules, and Regulations (NYCRR) §142-1.6 is a law that requires employers to pay any employee an extra hour of pay, at the basic minimum hourly rate, for any day on which the employee’s “spread of hours” exceeds 10. The spread of…
Choosing a Location for your Restaurant or Bar
CHOOSING A LOCATION FOR YOUR RESTAURANT OR BARThere are many factors to consider when deciding where to lease space for a restaurant or bar- including the high cost of rent, the size of the space, and the accessibility of the space/location within a busy city. Included in this consideration should be how evaluating any…
Announcement & Special Offer
Dear Clients, Colleagues and Friends:I have the great pleasure of announcing that as of January 1, 2018, the DiPasquale Law Group has joined with Kimberly A. Summers of Summers and Schneider, P.C. This newly formed hospitality law firm, DiPasquale & Summers, LLP, will be a true combination of equals, bringing together attorneys recognized for their…
Crowdfunding; Multiple Investors and Commercial Real Estate Lease Issues
The concept of investing using an internet crowdfunding model is a fairly recent development and commercial leases often are behind the curve. A business owner planning to raise capital through an online equity crowdfunding platform would be prudent to pay close attention to restrictions that are often contained in the assignment provision of its commercial…
Crowdfunding; Multiple Investors and New York State Liquor Authority Disclosure Issues
Crowdfunding is becoming an increasingly popular way for business owners to gain the financial backing they need to turn their concepts into realities. In recent years, websites like kickstarter.com have helped thousands of entrepreneurs obtain access to the funds they needed to get their projects off the ground. With the internet age upon us, the…
Why Lawyers Kill Commercial Real Estate Deals and How to Spot a Bad Deal in Advance
Free Seminar: Why Lawyers Kill Commercial Real Estate Deals and How to Spot a Bad Deal in AdvanceWhen: Wednesday, March 15, 2017 from 5:30pm – 7:00pmWhere: NYC Small Business Solutions, 110 William Street, New York, NY (7th Floor Boardroom)Seminar Description: Are you tired of spending countless hours showing a property and negotiating a…
You may be the owner of an illegal and accidental franchise and not even know it.
Beware: If you own more than one restaurant which operates under the same name, you may have created an illegal and unintended franchise.This sounds crazy, but it is actually very common and the consequences of creating an unintended franchise are substantial, serious, and include the possibility of both personal and criminal liability. Many well-intentioned operators…
Free Seminars: Legal Considerations when opening a bar or restaurant. Restaurant Management Boot Camp 2.0
When: Downtown Location: September 13, 2016 from 5:30 p.m. to 8:30 p.m.Uptown Location: September 28, 2016 from 5:30 p.m. to 7:30 p.m.Where: Downtown Location: 79 John St., 2nd Fl, New York, NY 10038Uptown Location: 361 West 125th St., 2nd Fl, New York, NY 10027Seminar Description: An insider look at tips, tricks, and best practices to…