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Posts in Business Law
Why Is It So Important to Have A Written Contract When There Is a Contract Dispute?

Throughout your lifetime, you will likely enter into hundreds of contacts, both personal and professional. Some are relatively simple and of little importance while others are complex and control major purchases or significant business agreements. There is also a very good likelihood that you will end up in a dispute over one of these contracts at some point in your life – particularly if you are a business owner. Knowing that a contract could become the basis of a dispute is an excellent reason to insist that the contract be in writing. Why is it so important though to have a written contract when there is a contract dispute? 

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How Do I Know When I Need a Business Litigation Attorney?

The job of a business litigation attorney is to provide advocacy and representation for someone who is suing or who is being sued in connection with business law matters.  Many cases end up settling outside of court because an attorney is able to help the disputing parties reach a negotiated settlement.  Mediation or arbitration are also possible methods of resolving business disputes. However, even if you hope to resolve your case through a negotiated settlement or alternative dispute resolution, you still need a business litigation attorney.

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Why Hire a Commercial Litigation Lawyer for a Small Dispute?

Small disputes can arise in many circumstances in the commercial world. Whether the dispute is a disagreement between shareholders and partners, a breach of contract claim, an employment dispute, or any other source of conflict, the issue needs to be resolved quickly for the sake of all involved businesses. Allowing a dispute to linger on for a long period of time can create confusion and uncertainty, which undermines normal operations and affects the ability of the involved businesses to thrive and grow.

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How Contract Disputes Can Seriously Harm Your Business

Because contracts are so pervasive and because contracts set the terms for almost all business and professional relationships, the way in which a dispute affects your organization is going to vary based on many factors. The type of contractual agreement is going to make a difference in how a dispute affects your business, as well the identities of the involved parties.  The type of disagreement can also matter as well.  A dispute over contract interpretation or over the meaning of a contractual agreement must be handled differently than conflict over whether the contract is valid at all and must be handled differently than allegations a breach has occurred.

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Three Ways a Business Litigation Attorney Can Help You Resolve Disputes

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.

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How a Commercial Litigation Lawyer Helps Defend Against a Breach of Contract Case

If 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.

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Is it a Good Time to Talk to an Attorney About Incorporating?

There 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?

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Business LawScott Rothman
What Does Document Review Mean in Commercial Litigation?

In 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.

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How a Corporate Law Attorney can Help Protect Intellectual Property

There 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.

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Business LawScott Rothman
What to Do If Your Business is Sued

If 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.

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Does Age Matter in Employment Decisions?

When 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.

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