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Protecting Your Business
What to do as the non-breaching party Even if a party is innocent/not responsible for breach of a contract, they cannot sit around and do nothing and expect a ruling to go overwhelmingly in their favor. Why is this? There is a concept called “mitigation of damages''...
As owners of a corporation, shareholders have important interests in the governance and success of the organization. Their role in the business is often quite limited, however. They rely on directors and officers to make key decisions, oversee the growth of the...
Arbitration is not something that usually comes to mind when considering business litigation. Certain contracts may be worth considering; today, many agreements include arbitration clauses. The answer to having an arbitration clause in your business contracts or using...
It is ubiquitous for landlords and tenants to have disagreements over various issues. If the parties are genuinely unable to resolve those issues, there are steps that you can take. It is important to note that California law can be biased toward the tenants because...
Litigation can be costly to resolve conflicts involving your business, and owners often want to avoid these costs. In California, four different types of Alternative Dispute Resolution allow companies to accomplish this. These four alternatives to litigation include:...
If ever there was a good example of the proverb “The best defense is a good offense,” it’s navigating business litigation. You can certainly take steps to proactively shield your business from disputes and bad actors, but the real work begins when problems come...
When you do business, eventually, you may – almost certainly – have a dispute. Disputes can happen between business partners, competitors, customers or employees. Disputes, very basically, are when your interests and another party diverge. "Diverging interests" is an...
It is not an uncommon problem. You go after a client, customer or vendor for payment, and they avoid or delay. Next thing you know they are filing for bankruptcy. Are you out of luck? Not necessarily. The following tips can help creditors improve their chance of...
Business partnerships are built on trust. A robust partnership or operating agreement can help solidify this trust and establish the guidelines and boundaries necessary for you both to work effectively together. But even with these parameters set up, you may be...
Even when enjoying major returns on investment, entrepreneurs know that a single legal dispute could mean the downfall of a business. Some people might ask which option makes the most sense – to litigate or not to litigate? But if you're like many business owners,...