Tuesday, February 18, 2025

Why Hiring a New York Attorney Who Is Also an MLBPA General Certified Agent Is Crucial for NIL Contract Breaches

When dealing with the complexities of Name, Image, and Likeness (NIL) contracts, it’s essential to work with an attorney who not only understands the legal landscape but is also equipped with specialized knowledge of the sports industry. A New York attorney who is an MLBPA General Certified Agent brings invaluable expertise to the table, especially when facing issues like NIL contract breaches. These attorneys have an intricate understanding of NCAA rules, State Athlete Agent Laws, and both the RUAAA (Revised Uniform Athlete Agent Act) and state-specific NIL legislation, positioning them as the best choice to navigate these complicated legal waters.


MLBPA General Certified Agent


An MLBPA General Certified Agent’s familiarity with NCAA rules is a significant advantage when handling NIL contract disputes. They are well-versed in the guidelines that govern student-athletes' participation in NIL agreements, ensuring that these agreements are compliant with NCAA standards and New York State's NIL legislation, which is designed to protect athletes from exploitation while also maintaining fairness in NIL contracts. According to New York's NIL law, "an individual or entity that represents an athlete in NIL negotiations must comply with the registration and disclosure requirements specified by the state," ensuring that athletes are not taken advantage of by unregistered or unqualified representatives.


Furthermore, the MLBPA General Certified Agent’s understanding of the State Athlete Agent Laws and the RUAAA ensures that all parties are adhering to state and federal guidelines regarding athlete representation. These laws set standards for agent conduct, registration, and compensation, which help prevent fraudulent practices and ensure the athlete's rights are protected. In New York, the state has enacted strict regulations under its NIL legislation, which mandates that any NIL agreement involving a college athlete must be transparent and fully disclosed. For instance, "athletes must be provided with a copy of their contract and the terms must be clearly articulated, with no deceptive clauses." An MLBPA General Certified Agent’s experience ensures these protections are fully implemented in any contract negotiations.


For those seeking assistance with NIL contract breaches in New York, John Weber of Weber & Prakope, PLLC, offers unparalleled expertise as both an attorney and an MLBPA General Certified Agent. John’s extensive background in sports law and athlete representation, combined with his in-depth understanding of both NCAA rules and state-specific NIL legislation, makes him an ideal advocate for any athlete facing issues with NIL agreements. To get the expert legal guidance you need, contact John Weber today by calling (516) 452-9010 or using the chat feature on www.weberprakope.com.

 

Friday, February 14, 2025

Understanding the Difference Between Asset Purchase Agreements and Stock Transfer Agreements in Business Transactions

When buying or selling a business in New York, the terms of the deal can significantly impact the structure and future success of the transaction. Two primary methods of transferring ownership are Asset Purchase Agreements (“APA”) and Stock Transfer Agreements (“STA”). An APA involves the buyer acquiring specific assets of the business, such as property, inventory, intellectual property, or equipment, while leaving behind liabilities like outstanding debts or pending lawsuits. In contrast, a Stock Transfer Agreement involves the buyer purchasing the shares or stock of the selling business, essentially taking control of the entire company, including its assets and liabilities.

 


Choosing between an APA and a STA depends on the goals and priorities of the buyer and seller. An APA is often preferred by buyers who wish to avoid assuming the seller's liabilities, making it ideal in scenarios where the business being sold has legal or financial risks. For example, if a business has ongoing litigation or significant debts, a buyer may prefer an asset purchase to isolate those risks. Similarly, if the business is looking to shed certain underperforming assets while retaining others, an asset purchase can provide the flexibility needed to only acquire the most valuable components of the business.

 

On the other hand, a STA may be more beneficial when a seller wants to transfer the business with all its associated assets and liabilities intact. This approach is often preferred in situations where the buyer is acquiring a company with an established brand, customer base, and goodwill that would be difficult to transfer under an asset purchase. For example, in the case of a family-owned business with a long history of customer relationships, a stock transfer can allow the buyer to continue operating the business seamlessly, retaining its established identity.

 

When negotiating and drafting the terms of an APA or STA, it’s crucial to have expert legal representation to ensure that your interests are protected. The attorneys at Weber & Prakope, PLLC has extensive experience in business transactions and can provide guidance on the complexities of these agreements, helping both buyers and sellers navigate the legal nuances and secure the best deal. Their attorneys will ensure the contract is comprehensive and customized to meet the specific needs of your transaction. For personalized legal support, call (516) 452-9010 or utilize the live chat feature at www.weberprakope.com to discuss your business deal today.

 

Wednesday, February 12, 2025

Understanding the Safety Dangers on Excavation Sites in New York and the Legal Implications

Excavation sites are inherently dangerous work environments, especially in New York, where construction is a major industry. Workers on excavation sites face a variety of hazards, including cave-ins, falling materials, and equipment accidents. According to the New York City Industrial Code, §23-4 and its subsections, safety protocols for excavation work are clear. These provisions require proper shoring and bracing, safe access and egress from trenches, and regular inspections of the site to prevent accidents. When these safety guidelines are ignored or violated, serious injuries or fatalities can occur, putting workers at risk.

 

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One of the most significant violations on excavation sites involves failure to comply with the specific requirements for excavation safety outlined in the Industrial Code. For example, Subsection 23-4.2 mandates that all excavation work be properly shored or braced to prevent collapses. When these measures are not followed, and a cave-in occurs, workers can be trapped or crushed, leading to catastrophic injuries. In such cases, violations of the Industrial Code may form the basis for a legal action under New York Labor Law § 241(6), which holds property owners and contractors accountable for failing to provide safe working conditions on construction sites.

 

In addition to the general dangers of excavation work, elevation-related injuries are another significant risk for construction workers. Workers in trenches or near excavations can suffer falls, sometimes from great heights, especially if proper fall protection measures are not implemented. New York Labor Law §240, commonly referred to as the "scaffold law," provides protections for workers who are injured in falls or other elevation-related accidents on construction sites. If a worker falls due to unsafe conditions, including inadequate fall protection or failure to provide proper scaffolding, they may have a valid legal claim for damages.

 

If you or someone you know has been injured on an excavation site in New York, it is critical to seek legal representation from experienced construction accident attorneys. The attorneys at Weber & Prakope, PLLC are well-versed in the complexities of construction law, including violations of the Industrial Code and Labor Law §§ 241(6) and 240. They are a tremendous resource for anyone seeking compensation for injuries sustained due to unsafe working conditions. To discuss your case with a skilled attorney, call (516) 452-9010 or use the live chat feature at www.weberprakope.com, for a consultation today.

 

Tuesday, February 11, 2025

Why Hiring Weber & Prakope, PLLC is the Best Choice for Your Personal Injury Claim Under Labor Law Section 241(6)

If you’ve been injured on the job due to a violation of New York’s Labor Law Section 241(6), specifically, noncompliance with Industrial Code §23-7.2, hiring the right personal injury attorney is essential.  At Weber & Prakope, PLLC, we have a proven track record of advocating for workers' rights and helping clients secure the compensation they deserve. Below, we’ll explain why choosing our firm for your personal injury case can make all the difference.


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Expertise in Labor Law and the Industrial Code -

Labor Law §241(6) provides critical protection to workers by holding property owners and general contractors accountable for noncompliance with Industrial Codes on construction sites. Specifically, §23-7.2 (inclusive of all its subsections) of the New York Industrial Code provide specific directives for owners and general contractors regarding temporary hoists that are erected on construction sites. Litigations over noncompliance with this section of the code are often complex and navigating them requires a deep understanding of the law. At Weber & Prakope, PLLC, our attorneys are highly experienced in handling industrial code violation cases, ensuring that your case is built on a solid foundation.

 

Aggressive Representation for Your Rights -

When you hire Weber & Prakope, PLLC, you’re choosing a firm that aggressively advocates for your rights. Many personal injury cases under §241(6) involve serious injuries, and property owners or contractors may try to avoid liability. Our attorneys are prepared to hold these parties accountable by thoroughly investigating the circumstances of your accident, gathering evidence, and presenting a compelling case. We’ll fight for the compensation you deserve, whether it’s for medical bills, lost wages, or pain and suffering.

 

In-Depth Knowledge of the Specific Violation: Section 23-7.2

Section 23-7.2 of the New York Industrial Code mandates specific safety measures be taken by general contractors to prevent injuries. It requires the proper erection and operation of hoisting towers, and other fall protection systems.  If your injury was caused by a violation of this regulation, the team of skilled attorneys at Weber & Prakope, PLLC will use their knowledge of the subsections of this code to build a case that proves liability. We understand the nuances of the Industrial Code and will leverage that understanding to maximize your chances of success.

 

Personalized Legal Strategy and Client Focus -

At Weber & Prakope, PLLC, we know that no two cases are the same, and we take the time to develop a personalized legal strategy tailored to your unique situation. We’ll work closely with you throughout the entire process, from the initial consultation to the final resolution. Our attorneys are committed to providing compassionate and responsive service, making sure you feel supported at every stage of your case. We understand the stress that comes with workplace injuries, and we’re here to help alleviate that burden.

 

Conclusion: Get the Legal Help You Need Today -

If you’ve been injured in a construction accident due to a violation of Labor Law §241(6) and §23-7.2 of the New York Industrial Code, don’t wait to seek legal counsel. The attorneys at Weber & Prakope, PLLC are here to help you navigate the complexities of your case and fight for the compensation you deserve. Call us today at (516) 452-9010 or utilize the live chat feature here, to schedule a free consultation and take the first step toward justice.

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