Category Archives: Business Litigation
What is Promissory Estoppel?
Is a promise a contract? Legally, it is not. A promise, on its own, has no elements of an actual contract. It has no offer, no acceptance, no consideration, and not even a meeting of the minds. But don’t let that fool you—a promise, specifically a broken promise, can absolutely form the basis of… Read More »
Considerations When You or an Employee of Your Company Files for Bankruptcy
If you have a job, or you own a company, there may be life events that happen to you that you would rather be kept secret. One of those things may be bankruptcy. There certainly is no shame in bankruptcy—people do it all the time, and often, because of circumstances that they didn’t cause…. Read More »
How To Handle a Demand Letter Sent to You or Your Business
So you’re sitting in or at your business, doing your own thing and seemingly out of anybody’s way. And then it comes: a demand letter from an attorney shows up in the mail or by email. It is long, has a lot of threats, and plenty of laws which you may not understand. What… Read More »
Generic Marks Can be Trademarked If There’s a URL Suffix
A trademark is a mark—a logo, slogan, or saying, for example—which distinguishes a product or brand from the rest of the marketplace. Trademarks are all around us. They can be in the design of McDonald’s packaging or the arrow in Target’s logo or the phrase “America Runs on Dunkin.” In each case, you not… Read More »
What is Replevin and How Can it Help You?
When someone takes or keeps your property, you understandably want it back. To get it back, you often have to go to court. What you’re really asking for is the remedy of replevin. When Do You Need Replevin? Imagine scenarios where someone else takes wrongfully, or retains wrongfully, property that belongs to you. This… Read More »
You Can be Sued for Employee Harassment Outside of Work Hours
As an employer with employees, you hopefully take special care to avoid discrimination, harassment, or the feeling that any employee is being treated in a hostile or insulting way. That’s in the office. But what about outside of it? Could your business get sued if an employee feels harassed outside of work hours? Before… Read More »
Legal Issues and Harassment Problems When Employees Date
If you have business, relationships between co-workers can be a sticky situation. On the one hand, you know (or should know) that relationships within the workplace can lead to sexual harassment lawsuits and liability. On the other hand, you don’t want to be the jerk telling employees that they cannot date; love is love… Read More »
Don’t be Personally Liable for Your Company’s Debts: Practical Tips
One of the major benefits of forming any type of company or corporation is the avoidance of individual liability for the debts, obligations, or liabilities, of the company. But that protection isn’t automatic, and it can be lost if you aren’t careful. There are some common mistakes people make that result in them getting… Read More »
Crafting a Settlement Agreement That Works for Your Claim or Lawsuit
So you’ve figured out a way to resolve a breach of contract case or a business law case. That’s generally good news—you’ve avoided the risk and uncertainty of a business law trial. But the job isn’t over—now you need to have some sort of settlement agreement, memorializing what it is that you’ve agreed to…. Read More »
A Good Operating Agreement Can Avoid a Bad Lawsuit: Is Your Equestrian Business Ready for the Upcoming Winter Equestrian Season?
Andrew Boloy, Esq. With the busiest part of the Wellington equestrian season approaching, it’s crucial to ensure your farm or business is fully protected. One key way to safeguard your interests is by having your Operating Agreements in place. These agreements are vital, as they outline each party’s roles, responsibilities, and expectations. They also… Read More »
Closely Held Corporations: Are they Real, and Are They Worth It?
You may have heard of someone saying that they have a closely held corporation. And while this may just sound like a descriptive adjective it actually does have a legal meaning, and a closely held corporation is, in some ways, different from a standard corporation. What is a Closely Held Corporation? Closely held corporations… Read More »
Asset Sales and Stock Sales: Know the Difference
The decision to sell your business is a big one. But once it’s made, you may think the decision-making is over. It isn’t. That’s because in addition to the decision whether or not to sell your business, you then need to decide what part of your business to sell. There are really three things… Read More »
Things to Include or Leave Out of Your Loan Agreements
Whether you are lending money to someone as a favor, or whether lending is an essential part of your business, your lending agreement may be the difference between getting paid back, or being out a lot of money, unable to collect. But you may be surprised at how many important things people leave out… Read More »
Legal Considerations When Drafting Online Terms of Service
When you access a website, how many times have you read the terms of service (TOS)? If you’re like most people, the answer to that question is rarely, if ever. But that doesn’t mean that a good TOS page for your own site isn’t important. Enforceable Contracts? A TOS is, at its core, a… Read More »
Business Goodwill: What is It?
When a business is damaged because of something that someone else does—say, stealing intellectual property or defaming the business—one element of damages that a business can seek is goodwill or the loss of goodwill that their business has suffered. But what is good will? Easy to Define, Hard to Measure It’s easier to define… Read More »
Ways to Keep Your Attorneys Fees Reasonable
If you have a business law case, you may be concerned about the cost of legal fees and how you will keep your attorneys fees bills to a level that you can afford. That is understandable and a very valid concern. And while there are some things in a business law case that can… Read More »
Recognizing and Avoiding Self Dealing
As a high level officer or owner of a company, you have a lot of protections to keep from getting sued from those that you have a duty to protect, such as company members or shareholders. You have room to defend yourself, and argue that what you allegedly did was done in good faith… Read More »
Seemingly Innocent Job Interview Questions That Can Get You Sued
An initial job interview with an applicant for a position with your business can seem like a harmless process. After all, it’s just a fact finding mission, and a chance to evaluate a potential hire. What could go wrong, other than possibly not hiring the right person? It turns out, for an employer, a… Read More »
Finding Hidden Assets to Collect Your Judgment
If you have a business dispute, or when you are loaning money to someone, one of the biggest questions that you may have is whether or not this person or business will have the assets necessary to actually pay you should you successfully sue and win. The bad news is that there is no… Read More »
You Were Defaulted and Have a Judgment Against You: Now What?
Imagine you are at your business, or at wherever your business headquarters may be. All of the sudden, you open your mail or email, and see that there has been a default judgment entered against you. You now owe money—perhaps a lot of money—to someone who sued you. Except there’s one problem: you never… Read More »
