Many people mistakenly believe that when a dispute or a disagreement arises within the business world, it is always going to end up with a lawsuit. In fact, even when disagreements are serious, there are often ways to avoid having to resort to litigation. Going to court can be the best choice, but it can also be expensive and acrimonious and destroy important business relationships you want to preserve. You need to consider other solutions as well.
Read MoreIf you are accused of breaching a contract, you could be sued in civil court. The plaintiff who files the lawsuit could seek actual damages, which are equal to the total losses resulting from the breach. The plaintiff could also seek liquidated damages if there is a liquidated damages clause in the contract, or could seek specific performance so the court compels you to follow through on your obligations under the agreement.
Read MoreCommercial litigation attorneys provide representation to companies when disputes arise under commercial or business law. If you are sued, or if you need to use the court system to assert your rights and make a claim for damages, an attorney can help you to navigate the civil justice system.
Read MoreThere are a variety of different factors to consider when deciding if you should incorporate your business. Some of the considerations that you should take into account as you try to decide if now is the time to incorporate include the following: Do you have significant personal assets?, Is the business going to be taking on debt?, Is your business growing?, Are you concerned about how your business will transfer after death?, Do you want more flexibility with taxes?
Read MoreIn today's world, and especially in business litigation, much of the evidence that is relevant in business litigation cases is in the form of documents. This could include emails, written memorandums, corporate records, accounting records, and a host of other paperwork that is generated during the course of doing business. All of the different documents that are produced that are related to the subject of the litigation could potentially have relevant information that is helpful to plaintiffs or to defendants who are trying to make their case.
Read MoreEmployment agreements are contracts between an employer and an employee. The agreements usually specify some of the key terms of employment. The agreements may also detail what an employer expects from a worker and what an employer will guarantee or provide to the worker.
Read MoreAn appeal is a request that a higher court review the decisions made by a lower court. Everyone who is involved in civil litigation as a plaintiff or as a defendant can appeal when an unfavorable decision is made. This is true in breach of contract claims, injury claims, intellectual property disputes, and all other types of commercial litigation.
Read MoreThere are many different kinds of intellectual property, including copyrighted works, patented inventions or processes, and trademarked logos or phrases. Trade secret and customer lists are also important examples of intellectual property which can have significant value to companies. There are a variety of different types of threats to all of this valuable information which individuals and companies may possess.
Read MoreIf your business is sued, you must respond proactively to the lawsuit so you can protect your company from the risk of an adverse judgment. This means submitting an answer on time, preparing a defense strategy or strategy for responding to the accusations against you, and filing any appropriate counterclaims or pre-trial motions with the court. You also need to preserve evidence which might be requested in discovery, and begin your own investigation so you can effectively respond to any accusations made against your business.
Read MoreWhen an employer is making hiring decisions, an employer generally should not take age into account. However, the only legal protections that exist are designed to prevent discrimination against older workers. There is no law that prohibits an employer from refusing to hire people on the basis of the fact that the employer believes that the person is too young. There is a law prohibiting an employer from refusing to hire someone on the basis that he is too old.
Read MoreThe Judicial Education Center indicates that a “A breach is material if, as a result of the breaching party’s failure to perform some aspect of the contract, the other party receives something substantially different from what the contract specified.” Essentially, this means a breach is considered to be a material one if it gets to the very essence or heart of the agreement. A material breach happens when one of the contracted parties fails to do the very thing that the contract was created for. A non-material breach, on the other hand, occurs when the failure to perform was a minor one. The purpose of the contract is still in tact, the parties substantially performed according to the terms of their agreement, but something small went wrong.
Read MoreEvery business faces certain risks, ranging from the chances that a customer will get hurt on a premises or when using a product to the risk of a lawsuit by a disgruntled employee who claims he was discriminated against or not paid fairly. Your company could be sued, and even a claim against your business could result in costly legal fees. Your business could also be adversely affected by disadvantageous contractual agreements which don't protect you and which make profitability harder.
Read MoreContracts can be used to protect your company interests in many important ways. For example, you can use non-disclosure agreements to protect your company's trade secrets and proprietary information. You can also use non-compete agreements to ensure your employees do not go to work with competitors right after leaving your employ. If you have a smaller company, shareholder agreements, partnership agreements, buy/sell agreements and employment agreements are just a few of the many different kinds of contracts that you could end up creating in order to make certain that your business doesn't fall into the wrong hands and to reduce the potential for problems to arise among co-owners.
Read MoreIt is important to understand all of the terms of any financing arrangement that you enter into, and an experienced attorney can assist you with this process. From reviewing bank documents to negotiating agreements with investors, an attorney provides invaluable advice in ensuring that your financing sets your company on the path to profitability.
Read MoreIf you determine a breach of contract occurred, you can file a civil lawsuit. If you can successfully prove an unjustified breach, there are different kinds of legal remedies which could be available to you. You could ask the court to order the other party to follow through on the agreement and comply with contract terms. You could also ask the court to require the breaching party to pay you damages. It is up to you to prove how badly you were damaged and to show the extent of your losses so you can be fully compensated after a contract breach.
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