Thursday, January 26, 2023

How Non-Binding Agreements Function in Contractual Law


 Heading Gershman Law, PLLC, in New York City, Dyan Gershman provides corporate legal services to businesses in various sectors. One of Dyan Gershman’s areas of legal focus is complex commercial contracts, which includes binding and non-binding contracts. The latter is any agreement that does not legally obligate parties to fulfill its terms.


Non-binding agreements simply state the intention of all parties involved, as part of ongoing negotiations. Should the terms of the non-binding contract be agreed to, a binding contract with the same or similar format and terms can be signed.


One common type of non-binding contract is the letter of intent, which is typically signed at the start of a business relationship between two parties. A key element of such agreements is language in the first paragraph stipulating that the content is non-binding. It should be kept in mind that such non-binding documents may contain provisions considered legally binding, such as requirements of exclusivity, content non-disclosure and confidentiality.


Depending on the jurisdiction, binding provisions within non-binding agreements may be interpreted as being made in “good faith” or as representing a binding commitment. Because of this variability, it is prudent to be careful about the jurisdiction named in the governing law section of the agreement.

Tuesday, January 10, 2023

How French Influenced the English Language


 Dyan Gershman is a New York attorney, based in New York City, who delivers business and corporate law solutions to a wide range of business clients. Having previously lived and worked in France, Dyan Gershman is fluent in the French language and uses French in domestic and international transactions whenever needed.


Among the languages that influenced the development of English, French was one of the most significant, with its effect spanning vocabulary and grammar. Nearly one-third of English words are adapted from French, including “beef,” “army,” “prince,” and “telephone.” In other cases, the spelling of existing English words changed dramatically to reflect French usage. For example “scolde” in Old English became “should” and “cwen” became “queen.”


In addition, a number of phrases retain their original French pronunciation in English, including “faux pas,” “deja vu,” and “cliche.” French has also influenced titles and terms of seniority in the military and other organizations. Titles such as “consul general” and “lieutenant general” retain the French grammatical practice of placing adjectives after nouns. Specific vocal sounds, including the “v” in “view,” the “z” in “zebra,” and the soft “g” in “mirage” also come from the French.

Friday, October 21, 2022

Central Park Conservancy Educates Pet Owners on Park Etiquette


 The founder of Gershman Law, PLLC, a New York City-based boutique corporate law firm, Dyan Gershman represents clients in a wide range of legal matters, including commercial contracts, joint ventures, mergers and acquisitions, and intellectual property and technology licensing. Outside of work, Dyan Gershman supports charitable organizations that preserve New York City’s parks and gardens, among them the Central Park Conservancy.


Established in 1984 by a group of New York City residents, the Central Park Conservancy raises 75 percent of the park’s annual budget. The conservancy encourages dog owners to play their part in keeping Central Park clean and safe by observing all the park’s pet rules. For example, pet owners should familiarize themselves with leash regulations in the park, which requires all animals to be leashed from 9 a.m. to 9 p.m. Dogs are allowed to be unleashed from 6 a.m. to 9 a.m.


While dogs are welcome in most park areas, they should be kept out of certain locations such as all playgrounds, ball fields, Sheep Meadow, and all bodies of water. The Central Park Conservancy provides a dog owner’s guide to Central Park at www.centralparknyc.org/activities/guides/dogs. By following the guide, dog owners ensure the safety of humans, as well as the health of the park’s flora and fauna.

Thursday, September 22, 2022

New York Women’s Bar Association Raises Funds for Cancer Research


 Dyan Gershman is a New York City attorney who leads a boutique law practice focusing on areas such as corporate law, intellectual property licensing, commercial contracts, and doing business in the US as a foreign entity. Active in her professional community, Dyan Gershman is a longstanding member of the New York Women’s Bar Association (NYWBA), which combines legal education with advocacy on topics pertinent to women. It also spearheads charitable efforts such as community outreach and fundraisers.


The NYWBA sponsored participation in the May 2022 Cycle for Survival: New York fundraising event. This annual event focuses on raising money for the Memorial Sloan Kettering (MSK) to Beat Rare Cancers program and the leading-edge research the program enables.


As the largest and oldest private institution to undertake rare cancer research, MSK is uniquely positioned to deliver measurable results. More than $312 million has been raised since the inception of the fundraising event. Among the major breakthroughs substantially funded through Cycle for Survival is MSK-ACCESS, a noninvasive liquid biopsy technique that enables diagnosis and treatment of 129 cancer-associated genes through a simple draw of blood.


The NYWBA’s participation in the New York event (one of 15 held nationwide each year) involved a 4-hour Central Park bike ride in Wollman Rink. Enduring 90-degree temperatures, NYWBA participants, including the association’s executive director, raised funds for this charity. All of the money will be allocated by MSK to urgent research endeavors.